When the whistleblower policy was unveiled last December by the
Muhammadu Buhari administration, it was roundly hailed by the populace as a
long-awaited and
much desired weapon in the fight against corruption, the
single most visible and widely acknowledged reason Nigeria has remained stuck in
the groove of under-development. And to the delight of many, especially victims
of corruption, the last six months have seen the policy largely living up to
its billing, what with the confounding recoveries of tons upon tons of looted
funds in various denominations stashed away in the most unimaginable hideaways.
But as it seems, it may be too early for high-fiving or any display of
other gestures of celebration. Neither the Federal Government nor Kemi Adeosun,
Minister of Finance, who announced the policy on behalf of the government and
whose ministry is the manager and implementer of the policy, should rejoice
just yet in view of the obvious threat to whistleblowing as result of the
recurring persecution and victimization of whistleblowers by their employers.
Since the policy kicked off, no fewer than three government employees
are known to have been wrongfully fired from their jobs for reporting cases of
fraud in their workplaces. This development must be of serious concern to both
the government and the people who genuinely expect whistleblowing to
significantly curb corruption and eventually entrench accountability in both
the public sector and the corporate world.
As the Department for Business Innovation and Skills in London pointed
out, two main barriers whistleblowers face are: (1) fear of reprisal as a
result of making a disclosure, and (2) that no action will be taken if they do
make the decision to “blow the whistle.”
Without any iota of doubt, the first barrier is gradually taking its
place as the dominant feature of whistleblowing among public sector workers in
Nigeria. No notable incident has been recorded in the private sector, to the
best of one’s knowledge. Nonetheless, the danger posed to the realization of
accountability in the public sector and by extension, the anti-corruption
campaign due to the persecution of whistleblowers, cannot be over-emphasized.
A recap of three incidents of victimization of whistleblowers will not
only expose the extent to which reprisals appear to be gnawing away at the soul
of the policy, but also address our minds to how relentless official impunity
continues to renew itself in a more virulent manner even in a professed
atmosphere of “change.”
Not in the order in which they occurred though, it begins with the
story of Ntia Thompson, Assistant Director (Servicom Unit) of the Directorate
of Technical Cooperation in Africa (DTCA), an agency of the Ministry of Foreign
Affairs. On April 25, 2016, he reported to the Economic and Financial Crime
Commission (EFCC) a case of fraud to the tune of $229,000 perpetrated by
Mohammed Kachallah, Director-General of DTCA and some officers. The stolen
money was meant for the Monitoring and Evaluation of projects executed across
Africa and funded from the Nigeria Technical Cooperation Fund (NTCF), as well
as for organizing events marking the first ten years of the Trust Fund.
But instead of directing the money towards that end, Kachallah and his
co-conspirators diverted it into their pockets. When Thompson reported the
fraudulent diversion to the EFCC, he was hounded, threatened, suspended, and
eventually compulsorily retired from the services of the DTCA with effect from
February 7, 2017. Since then, he has been running around in search of justice.
Although the Acting President, Yemi Osinbajo, a couple of months ago
ordered that the EFCC investigate Thompson’s petition, nothing has been heard
from Ibrahim Magu and his men up till now. Also, regrettably, not a single word
from the administrator of the policy, Ministry of Finance, which is supposed to
be in the forefront of ensuring the safety and protection of whistleblowers.
However, in fairness to the Office of Head of the Civil Service of the
Federation, they intervened with two separate letters to Sola Enikanolaye,
permanent secretary, Ministry of Foreign Affairs, directing the reinstatement
of Thompson and stating categorically that the offenses allegedly committed by
the officer were not punishable by retirement from service. The last letter was
sent to Enikaolaye on April 5, 2017. Up till this moment, he has brazenly
refused to comply with the order from the Head of Service. And instead of
Geoffrey Onyeama, Minister of Foreign Affairs, to weigh in by directing the
permanent secretary to immediately comply with the order to return Thompson to
office, he too has been disturbingly silent, leaving Thompson to languish in
utter hopelessness.
The second case involves Aaron Kaase, Principal Administrative Officer
at the Police Service Commission (PSC). On May 22, 2015, he submitted an
evidence-based petition to the Independent Corrupt Practices and other Related
Offences Commission (ICPC) against the Chairman, Mike Okiro, alleging acts of
corruption totaling N275, 525, 000. Following Kaase’s petition against Okiro,
the PSC issued a letter backdated to May 21, 2015, suspending him from work
indefinitely without pay.
They claimed he was suspended on account of a prima facie case of
serious misconduct based on spurious arrest and detention by the police, and
arraignment on a fictitious criminal charge. Kaase received no previous query
nor was any claim of “serious misconduct” a subject of any investigation which
established guilt against him. For more than two years he has remained on
suspension without pay while his fundamental rights are continuously violated.
And then there is the case of Murtala Ibrahim, Unit Head/ICT Process
Audit and Special Investigation Unit at the Federal Mortgage Bank of Nigeria.
He was recently dismissed for exposing contract scams and for refusing to
endorse the bank’s manufactured 2016 Half-Year Income Validation Report. The
Finance and Accounts Group reported a surplus of income over expenditure of the
sum of N423, 653, 187 which the Internal Audit Group found out was actually a
loss, and not profit. Ibrahim brought to the attention of Babatunde Fashola,
Minister of Power, Works and Housing, the fraudulent manner in which the bank
was being managed and also his own persecution by the bank’s management, all to
no avail.
Clearly, these are heartbreaking tales that cast a big shadow of doubt
on the survival of whistleblowing as a potent tool for the war against
corruption in Nigeria. When potential whistleblowers hear or read these
unpalatable stories about the plight of those who had made disclosures before
them under the policy, the way they are exposed to danger with no protection of
any kind from relevant stakeholders in the society, the first reaction would be
to obey the law of nature: self-preservation. They will naturally refrain from
reporting wrongdoings no matter how grave they are.
Government need not be reminded that whistleblowing is a patriotic act
for which those who engage in it deserve to be rewarded and fully protected in
all ramifications, even while the whistleblower protection bill is still being
processed. To abandon them to their fate is to strengthen the corrupt and their
friends, while sounding the death knell at this very stage early days to a
productive and persuasive mechanism for fighting corruption.
Godwin Onyeacholem is a journalist. He can be reached at
gonyeacholem@gmail.com.
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