Federal High Court judges as well as anti-corruption and human rights advcoates on Thursday called for the prompt passage of the long-delayed Whistleblower Protection Bill into law to guarantee adequate protection for whistleblowers in the country.
The event was organised by the African Centre for Media & Information Literacy (AFRICMIL) in partnership with the MacArthur Foundation, Tap Initiative, National Human Rights Commission, Centre for Fiscal Transparency and Public Integrity (CeFTPI), and Progressive Impact Organisation for Community Development (PRIMORG).
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Dorcas Agishi, representing the Chief Judge, stressed that while the whistleblower policy is strong, judges need clear legal authority to act. “We understand what you desire us to do. Since it is a policy, it will be difficult for us to do what we need to do.”
She pointed out that judges use the law as a tool. She, therfore, called for engagement of with the legislature and the executive arm of government as well as other relevant stakeholders to expedite the passage of the whistleblower into law and for law enforcement officers to perform their responsibilities properly.
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Speaking during an interactive session, another Federal High Court judge, Egwuatu Obiora, said the National Assembly and law enforcement agencies are needed to actualise the whistleblowing protection.
In 2016, the federal government launched a whistleblowing policy, domiciled in the Federal Ministry of Finance, to tackle corruption.
But after an initial burst of success of the policy in its early days, leading to uncovering of hidden, stolen funds, it was realised that there was a need for a law to be put in place for an effective whistleblowing system that could guarantee protection and fair compensation for whistleblowers.
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In 2022, a new draft bill was approved by the federal government and transmitted to the National Assembly, but it could not be completed.
In 2024, the Whistleblower bill was sent to President Bola Tinubu.
Roles of judges as protectors of whistleblowers
In his keynote address at the event, the Executive Secretary of the NHRC, Tony Ojukwu, who was represented by Harry Obe, said whistleblowers “are not mere informants; they are sentinels of public morality.”
“They are human rights defenders in the truest sense for the corruption and maladministration they expose are often the very root causes of the denial of socio-economic rights, the right to health, education, to food, and to a clean environment,” he added.
While there is no legislation for the whistleblowing protection, the Mr Ojuwku noted, the judiciary must act as a protector of whistleblowers by progressive adjudication, expedited hearing, and awarding exemplary damages.
He said whistleblowers “are not disruptors; they are defenders of the rule of law. The judiciary must therefore be their shield, not their silence.”
He called for a stand-alone law, urging the National Assembly to treat the Whistleblower Protection Bill as a “legislative emergency.”
He also charged law enforcement agencies not only to relegate themselves to the recovery of funds alone but “to investigate and prosecute those who threaten or kill whistleblowers.”
He urged the media to amplify stories of whistleblowers and for the public to celebrate their courage.
Whistleblowers in Nigeria face severe risks, such as harassment, job loss, and even death, mainly because there is no comprehensive legal framework to protect them.
In August, PREMIUM TIMES reported how the Nigerian Correctional Service (NCoS) dismissed Assistant Superintendent of Corrections Efe Onakpoya for alleged whistleblowing.
There are other reported instances that show many whistleblowers suffer from exposing wrongdoings in government agencies, making many hesitant to come forward as whistleblowers.
Other areas to be addressed
A panel discussion was held to identify the challenges surrounding the whistleblowing policy.
The Head, Human Rights Institute, NHRC, Nsongurua Udombana, stated that Nigeria was overwhelmed with corruption due to the loss of values. For this to be tackled, Mr Udombana argued that the “law does not stand on its own, there must be values to support it.”
Meanwhile, a representative of the Ministry of Justice, Pere Ikuetemi, pointed out that compensation for whistleblowers is vague.
Mr Ikuetemi noted that the proposed bill leaves it at the discretion of the national whistleblowing council. He emphasised the need for advocacy at the National Assembly for the loopholes in the bill to be corrected.
Mr Ikuetemi also proposed a proper sensitisation for whistleblowers. He also stated that the work does not reside on judges alone; they are “not manufacturers of evidence.”
A Federal High Court judge, Olufunmilola Agabje, noted that failure of law enforcement agencies to present credible evidence in court erodes justice. She explained that judges are not “magicians,” therefore, they cannot manufacture evidence.
She noted that law enforcement agencies often do not do their jobs properly, as they see the court as their appendage that are expected to do their bidding by default. “We are not an extension of their agencies,” she said.
A whistleblower’s ordeal
Yisa Usman, a former deputy director at the Joint Admissions and Matriculation Board (JAMB), shared the challenges he faced as a whistleblower. Mr Usman stated that he lost his job and is currently facing a threat to his life after exposing alleged procurement fraud and administrative malpractices within the agency.
In July, AFRICMIL released a statement condemning an attempt by officers of the Nigeria Police Force, Zone 7 Headquarters in Abuja, to abduct whistleblower Mr Usman from his residence.
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Mr Usman filed a fundamental rights enforcement case in 2024 against the Zone 7 Police Command at the Federal High Court and an unlawful dismissal suit at the National Industrial Court.
Also a defamation case initiated by Zone 7 on behalf of a policewoman reportedly attached to JAMB was filed against him, all linked to his whistleblowing activities.
During the discussion, Mr Usman admonished whistleblowers to familiarise themselves with the law. He called for individuals to speak up despite possible persecution because “to remain silent is to be complicit.”
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