Why policy may fail – NASS
By Abdulrahman A. Abdulrauf
Abuja
In less than one month of its efficacy, the whistle-blowing policy of the federal government has yielded some positive results, as the federal government yesterday acknowledged receipt of ‘confirmation’ of financiers of the dreaded Boko Haram insurgents.
The revelation came as the National Assembly expressed concern over the lack of desirable legislative framework, saying that may hamper the realisation of the policy’s set objective.
The positions were separately made by both the Attorney General and Minister of Justice, Abubakar Malami, SAN, and the Chief Whip, House of Representatives, Ado Doguwa, while featuring on an NTA Breakfast Programme, Good Morning Nigeria.
Speaking on the level of acceptance of the policy among Nigerians, the AGF said, “as far as whistle-blowing is concerned, transactions between individuals, particularly contractual transactions and transactions of this nature, do not form part of the whistle-blowing. The trend now is that Nigerians begin to appreciate the public interest within the context of integrity and prevailing values of our society much more than the individual interest.
“I have at my disposal, cases whereby wife came over as a whistle-blower against the husband in respect of certain acquisition of the public fund over which she has been raising eyebrow, with the husband now conceding to her demands that the sum be returned. I have at my disposal blood brothers coming over to make available information, and in some cases, without even making any demand.
“But the bottom line and point of interest in this regard, which is of recent, is that the whistle-blowing colouration has extended to issues beyond financial infractions. Only on Friday, the Office of the Attorney General, working with the DSS, were in receipt of an information that has security undertone by a whistle-blower, and following that information, eventual search revealed recovery of serious security equipment that ordinarily should not be in the hand or at the disposal of the individual they were discovered.
“So, the whistleblower is truly a very good policy that has been accepted by Nigerians and the colouration which is now extending beyond the financial infractions to include security concerns.
“Added to this, we were in receipt of certain confirmation relating to the funding of insurgents, associated information relating to financial infractions that were provided to associated group.”
Our concern-NASS
Speaking on concerns by the National Assembly over the policy, Hon. Dogura noted that without effective legislative framework, whistle-blowing won’t be as effective as it should be.
While expressing the support of the National Assembly for every effort at fighting corruption, including whistle-blowing, the lawmaker said such must be done within the confine of effective legislation.
“The concern of the National Assembly has always been that, much as we are ready to support the government in the fight against corruption, we also have that constitutional and institutional concern for playing by the rules. The fact remains that the whistle-blowing policy is worth it, but of course there must be legislation that backs up that policy.
“Apparently, I want to say without any fear of contradiction, the Attorney-General is here, we need to have that legislative framework that will oversight and allow this policy framework to succeed.
“A situation whereby we have the kind of political culture we have in the country, socio-political culture that we have in the country, that is in most cases driven by whimsical imagination or desire to create mischief and indict people unnecessarily, then certainly, a policy of this nature must be based on a sound legal framework,” explained the House chief whip.
He added: “And I speak to you, I am not aware whether the government has brought forward to the National Assembly their need to create a legislation either for us to provide a kind of protection for whistleblowers or also provide punishment where a whistle blower is found wanting.
“Nigeria is known to everyone of you, usually when somebody can blow a whistle where there is no need to blow such a whistle. So, our concern, not only as lawmakers, but as custodians of the existing laws of this country, has always been, to ensure that there is framework that will guide the implementation of this policy, certainly the process is likely to constitute an affront to the rule of law and also constitute an affront to constitutional right and liberty of our people.
“All I am saying as an individual and as a member of an institution backed by law, the leadership of the National Assembly as an institution, even in our legislative agenda as the 8th Assembly, we are fully in support of the crusade against corruption. But I must consistently say that we need to have a law in place to assist in this regard, because when we have a policy that is not accommodated, even in our extant rules, then certainly there will be foul play.”
Malami replies NASS
Dismissing the lawmaker’s fears, the AGF, who insisted that lawmakers have the exclusive responsibility of legislating and needed not wait on the executive, accused the legislature of delaying passage of the whistle-blowing and related bills before it.
Malami said: “Let me say from the onset that the responsibility for lawmaking, the constitution and the separate of powers, is the exclusive right of the legislature. So the idea of looking forward to the executive for a legal framework for a bill does not naturally arise, because the responsibility is substantially constitutionally vested in the legislature.
“But for further clarity, I want to place on record that we have taken steps to transmit to the National Assembly for promulgation of the Proceeds of Crime Act which had been pending ever since the coming of this government, the Whistle-blower Bill which has equally been pending ever since the coming in place of this government, and associated bills that are intended to be encompassing components of the anti-corruption crusade and most of these bills are pending before the National Assembly.
“So, perhaps, to a larger degree, the whistle-blower policy came about on account of the fact that the National Assembly has not passed the Whistle-blower Bill pending before it, and the need arose from the desire of the government and the international community to take ownership of the anti-corruption campaign.”
He, however, admitted that the policy is a temporary one “intended to allow the policy take ownership of the anti-corruption campaign pending the passage of the bill into law.
“But fundamentally, the Proceed of Crimes Act is part of the component. Above all, Nigeria is a signatory to Financial Action Task Force which is expected to be in the country any moment from now, and we are going to be assessed on the basis of what we have done as it relates to the fight against corruption.”
He also assured that the present status of whistle-blower as a policy would not in any way diminish its efficiency, saying, the law carries more weight as a policy statement and direction.
“But the fundamental thing is that with or without the law, the constitution is clear as it relates to the fight against corruption, and it is one of the cardinal focus of this government.
“So, arising from the constitutional undertone that makes the fight against corruption a constitutional obligation of the government and indeed the general public, whistle-blowing as a policy cannot be in anyway be diminished. But then the existence of a legal framework through the whistle-blower policy and the proceeds of crime act will, at the end of the day make it more encompassing.”
