Defending Whistleblowers as human rights defenders (Nigeria)

On 29 September 2024, Danlami Nmodu:

..A one-day conference was organized by African Centre for Media and Information Literacy (AFRICMIL), in collaboration with Amnesty International Nigeria, to explore the nexus between whistleblowing, corruption and human rights, and in doing so highlight the essence of whistleblowing as a conveyor belt of free speech and an affirmation of individual human dignity and moral worth that requires full protection from the state or other legitimate institutions.

Its theme, ‘Amplifying Whistleblowing to reduce Corruption and protect Human Rights,’ was painstakingly decided to assert the value of whistleblowers in exposing or preventing wrongdoing, and the necessity of standing up for them for largely playing the delicate role of human rights defenders who are in most cases victimized for performing what is clearly the citizenship duty of protecting the well-being of other citizens and the wider society.

Indeed, that whistleblowing is a fundamental human right is neither theoretical nor speculative. All applicable statutes from the domestic to the international are clear on this. And Maxwell Kadiri, senior legal officer at Open Society Justice Initiative (OSJI) and human rights advocate who was the keynote speaker, made the point succinctly in his refreshingly scholarly address by delving into the origin of whistleblowing and laying out all the laws proclaiming it as a human right that deserves protection.

However, worthy of note is that in exercising the right to hold opinion and express themselves by disclosing public interest illegalities or potential danger to competent authorities, whistleblowers are also helping – directly or indirectly – to protect the right being harmed by the wrongdoing they disclose. It isn’t for nothing, therefore, that some of the most prominent whistleblowing cases globally can be traced to whistleblowers who have reported wrongdoing that amounted to human rights abuse.
Just one example of such is Dr. Li Wenliang, the 34-year-old Chinese ophthalmologist who was the first to blow the whistle on the covid-19 virus and other issues related to the right to life and access to healthcare. And there are many more unsung heroes like Wenliang whose disclosures have uncovered corruption and its collateral human rights violations. Whistleblowers have largely served as human rights defenders when they expose threats to human rights that the public are not able to access.

In Nigeria, they have continued to be victims of relentless persecution simply for doing the right thing: exposing wrongdoing which serves public interest. This is one of the major reasons for the whistleblowing, corruption and human rights conference. Institutions and individuals perpetrating wrongdoing often find it difficult to admit their mistake. Instead of tackling the message, they shoot down the messenger. Not a day passes without a report of public sector workers at the federal and sub-national levels being censored or penalized for challenging authorities by reporting fraud, corruption, misconduct and other illegalities.
Although section 6 of Nigeria’s whistleblowing policy provides protection for whistleblowers on the receiving end of punishment for reporting wrongdoing, no whistleblower is known to have enjoyed any protection under this provision. This is because the oversight institutions are so weak that they are not able to assert themselves to implement this provision effectively. Rather than ensure honest implementation of the policy, these institutions are often found doing the bidding of the persons reported, not able to summon the courage to hold them to account for their wrongdoing and would perpetually ignore complaints of victimized whistleblowers.

At the conference, there were at least four whistleblowers with different stomach-churning tales of workplace oppression ranging from suspension, harassment, denial of salary and other benefits, punitive posting, abusive lawsuits, outright dismissal, and threat to life. At the risk of seeming immodest, it has to be stated that AFRICMIL is overwhelmed with demands for support from whistleblowers in this category.
In the face of these varied attacks, it is no surprise that citizens are showing next to no interest in engaging whistleblowing despite its famed rating as an extension of the right of freedom of expression that is linked to the principles of accountability and integrity. To prevent an individual from exercising this right is much more than a denial of fundamental human right; it is a violation of humanity….

Whistleblowing is about promoting the culture of truth, self-expression and democracy. Dr. Chido Onumah, coordinator of AFRICMIL and his counterpart at the Amnesty International Nigeria, Isa Sanusi, have agreed as much and stated their resolve to work together to preserve the freedom of expression rights of citizens as it relates to whistleblowing.

This post was originally published on Hans Thoolen on Human Rights Defenders and their awards.