Through whistle-blowing, the Federal Government has recovered billions of naira hidden in slums, ‘safe houses’ and shops. It is considering using the policy to track illegal weapons. Will it achieve the same result? ADEBISI ONANUGA asked lawyers
NIGERIA, according to those who should know, is awash with illicit weapons. But they differ on the quantity.
According to a report by the United Nations Regional Centre for Peace and Disarmament in Africa (UNREC), Nigeria accounts for about 350 million of the 500 million illegal small arms circulating in West Africa.
UNREC director Olatokunbo Ige, made this known last year at the National Consultation on Physical Security and Stockpile Management (PSSM) in Abuja, organised by the Agency and Presidential Committee on Small Arms and Light Weapons (PRESCOM).
Ms. Ige said the country was awash with illicit weapons which found their way into unauthorised hands that are threatening the country’s existence.
She warned that if not checked, it would jeopardise the gains of the last 50 years and impede the nation’s capacity to achieve its targets.
But last February 19, the Presidential Committee on Small Arms and Light Weapons, (PRESCOM), gave a lower figure.
Its chairman, Ambassador Emmanuel Imohe, said there were over 1.3 million illicit weapons in the country.
He spoke at the launch of the integration of Nigeria into the ECOWAS-EU small arms project, held at the ECOWAS Commission, Abuja.
Deluge of illegal arms, ammunition
Whatever the true figure, the claims of illegal weapons proliferation in Nigeria are difficult to controvert. For several years now, hardly a month passes without the security forces seizing large caches of arms.
In 2010, the Department of State Services (DSS) intercepted 13 containers of weapons from Iran. Embedded in the consignment were rocket launchers, grenades and other explosives labelled as “building materials.”
In 2013, Joint Task Force officers uncovered a trove of weapons linked to a Lebanese Hezbollah terror cell in Kano State. The bunker contained 17 AK-47 rifles, 44 magazines, four land mines, 12 RPG bombs, 11 66mm anti-tank weapons, one SMG, one pistol and magazine, 76 hand grenades, rocket propelled guns, 122 calibre artillery and 433 rounds of 7.26mm special.
In December 2016, the Customs also intercepted a cache of arms, ammunition and military gadgets, smuggled into the country from the United States at the Tin Can Islands Port.
The weapons include one Omin American Tactical Rifle, one Mossberg American Pump Action; Permier Hollow Point (air gun pallets) 7,500 pieces, nine pieces of military bullet proof vest, one piece of military helmet with rainproof, pistol punch, rifle punch and 26 packs of already made military food.
Last January 30, the Nigeria Customs Service seized 661 pump action rifles imported into the country from China illegally.
The weapons, which were packed in 49 boxes and concealed with steel doors and other merchandise goods in a 40ft container, had already been cleared at the Apapa Port before being intercepted at Mile 2 area of Lagos.
These are just a few examples of illicit weaponry seized from unauthorised persons.
It is also difficult to dispute that much of the illegal weapons have found their way into circulation.
Hardly a week goes by without the involvement of gangs of heavily armed men posing as militants, herdsmen, or just plain armed robbers in killings and abductions of civilians and security forces across the country.
According to information on the website of the Presidential Committee on Small and Light Weapons, illicit weapons have had a serious effect on the life and livelihood of Nigerians.
It said by 2010, 24,794 lives and N13.2 billion were lost to kidnapping and hostage taking as well as illegal oil bunkering by attackers using these weapons.
Govt’s response
The Federal Government is obviously worried. So are many state governments affected by serious armed violence.
On June 25, 2009, the late President Umaru Musa Yar’Adua initiated an amnesty programme through which many Niger Delta militants laid down their arms.
However, soon after the President Muhammadu Buhari was sworn into office, armed violence in the region continued.
In 2015, the president initiated a disarmament, demobilisation, and re-integration (DDR) programme for the Niger Delta.
The approach appeared to record immediate success in that it forced a ceasefire, engaged militants in planned programmes to rehabilitate and reintegrate them into civilian society, and opened up the oil wells (many of which had been shut due to the crisis) with the effect of increasing government revenue.
Also Benue State governor Samuel Ortom, whose state has been under the siege of violent clashes between Fulani herdsmen and the local farmers, introduced an illegal arms recovery initiative.
He gave a deadline of three months for those in possession of illegal firearms to return them or face the wrath of government authorities.
Last July 9, 700 illegal arms collected through the programme were destroyed. The exercise was carried out in partnership with the PRESCOM in commemoration of the United Nations’ Arms Destruction Day.
Nevertheless, violence involving the use of illegal arms and ammunition still continues between herdsmen and farmers.
On February 28, the Senate expressed concern over the proliferation of small arms and light weapons and called for urgent measures to stem the trend.
In a motion moved by Senator Hope Uzodinma (Imo West), the Senate faulted the porous nature of Nigerian border, saying this signalled “grave security implications for the country.”
“If this ugly trend of illegal importation of small arms and light weapons into the country is not checked, there won’t be an end to the menace of armed robbery, cultism, cattle rustling, kidnapping and even the deadly Boko Haram disturbing the peace of the country”, he added.
Whistle-blowing for arms recovery?
Encouraged by its success in the war against corruption, President Buhari is considering extending the whistle-blower policy to illegal firearms acquisition by powerful individuals and groups in the country.
The Presidency on Sunday disclosed that the Federal Government was putting finishing touches to apply the whiste-blower policy to prevent illegal ownership of weapons in the country.
The government in the past months has applied the policy in the Ministry of Finance, which has lead to discoveries of hidden looted funds across the country.
According to a statement by the Senior Special Assistant on Media and Publicity, Garba Shehu, the Office of the National Security Adviser (ONSA) will soon release the Whistleblower Policy on Illegal Weapons.
He said “In a bold move to prevent and eradicate illegal ownership of small arms and light weapons, the Presidency has started drawing up the rules of a whistleblower mechanism to throw a spotlight on the regime of gun ownership and control in the country.
“In the last few days, we had discussed the efforts the administration is making to strengthen the whistle-blower mechanism in the Ministry of Finance which, to date has proved to be very effective in bringing the attention of the government to stolen assets and unexplained wealth.
“In line with Presidential directives, the National Security Adviser, Maj-Gen. Babagana Munguno (rtd) has begun work on a template for the discovery and recovery of illegal weapons through a reward system following the success of the whistleblower policy under the Ministry of Finance.
“The ONSA Initiative may be an independent line of inquiry or in active collaboration with what the government is doing in Finance. This will be a sort of searchlight on weapons ownership in the country. Whatever form or shape it takes, the administration wants to take a tough line to curtail the large number of illegal weapons in circulation used in intra and inter-communal conflicts. The aim is to disarm communities especially those with proclivity to violence.”
He said that the ONSA, which already has a committee on the recovery of small arms and light weapons in the country, has decided to adopt the whistle-blower approach so as to eradicate mass shooting incidents and remove the harassment of law abiding citizens by holders of illegal weapons
Observers, however, believe that the decision to extend it to other crimes may not be unconnected with the way Nigerians have embraced the whistle-blowing policy.
Whistle-blowing policy, components
Minister of Finance, Mrs. Kemi Adeosun, said the primary goal of the policy is to support the fight against financial crimes and corruption, by increasing exposure of financial crimes and rewarding whistle-blowers and that in order to promote such exposure, whistle-blowers would be encouraged and offered protection from harassment or intimidation by their bosses or employers.
Policy selling points
She listed the selling points of the policy to include: the possibility of increased accountability and transparency in the management of public funds and the possibility that more funds would be recovered that could be deployed in financing Nigeria’s infrastructural deficit.
The minister also listed the three major components of the policy, to include: Channels for reporting information and the type of information to be reported.
Anyone, said the minister, who has “authentic information about violation, misconduct, or improper activity which can impact negatively on the Nigerian people and government” should report it through one or the other of three channels: SMS: 09098067946; Email: whistle@ finance.gov.ng and the Web: http://whistle.finance.gov.ng
The violations include, but are not limited to mismanagement or misappropriation of public funds and assets; financial malpractice or fraud; collecting/soliciting bribes; diversion of revenue; fraudulent and unapproved payments; and procurement fraud (notably, kickbacks and over-invoicing).
The whistle-blowing policy
The whistle-blowing policy is seen by observers as one of the several mechanisms of the Federal Government to fight corruption and mismanagement of public funds. The Federal Ministry of Finance has also launched an online whistle blowing portal to provide a platform for people who wanted to report and provide tip-off on cases of suspected abuse of public office. To ensure the success of the policy, a bill, ‘Whistleblowers’ Protection Act, 2016’, sponsored by an anti-corruption crusader, Dr. George Uboh, is already receiving the attention of the National Assembly and has passed through second reading.
The whistle-blowing bill
Although media reports have been scanty, it is said that the draft bill for Whistle-blowing in Nigeria is in seven parts. Part one is an interpretative section of the law; part two deals with protective disclosures which details disclosure of impropriety, persons qualified to make disclosures, persons to whom and institutions to which disclosures of impropriety must be made and compulsory receipt of disclosures; part three is on procedure for disclosure, and reduction of disclosures into writing; part four of the bill deals with action to be taken by persons who receive disclosures of impropriety while part five deals with protection of whistleblowers and other details such as state protection, protection from victimization, court action and others.
Part six lists offences under the Act such as: disclosing the identity of a whistleblower, disclosing details of disclosure, victimisation of a whistleblower, and making false disclosures; part seven borders on the miscellaneous aspects of the Act such as failure to take action on disclosure, recoveries from whistleblowers and funding of the office of whistleblowers’ protection and annual returns to the National Assembly’s House and Senate Committees on Whistleblowers’ protection.
Reactions to whistle-blowing
Observers of political developments in the country are, however, wondering why there is no policy document for the implementation for this new policy of the government except for a document titled, “Federal Ministry of Finance (FMF)Whistle Blowing Frequently Asked Questions (FAQs) which defines who a whistle blower is and answers other questions related to the operation of the policy. The most important provisions of the FMF FAQs are financial reward and protection for whistle blowers. They are calling for caution by would be whistle-blowers until the bill becomes a law and details becomes public.
Lawyers’ position
Will a Whistle-blower Bill be effective in fighting illegal acquisition of firearms and how can the policy be made more effective?
Constitutional lawyers versed in the rule of law, including Mr. Abiodun Owonikoko (SAN), Mr Wahab Shittu, Second Vice President of Nigerian Bar Association (NBA), Mr Monday Ubani, Former Chairman, Ikorodu NBA, Dotun Adetunji, Welfare Secretary of the Nigerian Bar Association (NBA), Mr Adesina Adegbite, Ikechukwu Ikeji, Publicity Secretary, NBA Ikorodu, AdemolaAdenaike and Lagos lawyer, Akintunde Iwilade suggested that the policy should cover all aspects of our national life to reduce corruption, crime and other forms of impunity.
Owonikoko, while not opposing its extension to cover fire arms, pointed out whistle-blowing already has legislative backing under the ICPC Act in the context of anti-corruption. He also noted that it is part of the remit of the economic and financial crime fighting agency to contain terrorism.
“That is heinous a crime as corruption if not more. They are indeed interconnected. One would however expect government to design a proper policy framework to prevent abuse of the facility with sufficiently deterrent sanction. In our country, it doesn’t take long before people bastardise otherwise laudable policies. We should watch out for unscrupulous elements that may seize the window for blackmail and extortionate racketeering. On the flip side, government has to support the initiative with effective information protection framework. That will be an added incentive for citizens to confidently participate . Only living informants can benefit from the promised financial reward of whistleblowing”, he advised.
Chief Shittu remarked that beyond the policy however, there should be a legal framework detailing parameters and guidelines for its operation. This should cover scope, powers, limitations, protections, endorsement and remedies.
Shittu described the whistleblowing policy as an excellent idea that should cover all aspects of our national life to reduce corruption, crime and other forms of impunity.
Second Vice President of Nigerian Bar Association (NBA), Mr Monday Ubani remarked that for any government policy to be effective, the peoples’ participation must be employed. Ubani noted that the whistle blowing policy has recorded a measured success in the anti corruption fight.
Ubani, who was a former Chairman of Ikeja branch of the NBA said:” I have the belief that extending it to the issue of fighting illegal acquisition of firearms will also yield positive result. The point is that the whistleblowing policy should be enacted in a substantive law by the National Assembly. That law will extend the policy to all other sectors beside financial crime.
According to him, a cursory look at the recoveries of illicit money after the introduction of the policy showcased the fact that it is very effective and should be extended to other sectors and we should be faithful in honoring those who give out the vital information that leads to success unless they opt out of being paid.
He praised the present government for the introduction of what he described as a wonderful policy and that would go a long in reducing the crime of corruption and other crimes(if included) in Nigeria provided it is enacted as a substantive law and there is faithfulness in the full implementation of the law.
Adetunji agreed with the proposal to extend the whistle blower policy to cover issues of illegal weapons/firearms acquisition by powerful individuals and groups in the country.
According to him, weapons in the hands of most citizens in the country are causing and had caused a lot of mayhem and that same were used to fuel intra and inter-communal violence, armed robbery, kidnapping and all sorts of vices.
He pointed out that there are laws guiding acquisition of firearms but it seems the law is no more applicable in the country as same has been relegated to the background.
He believed that Nigerians would be encouraged to expose the presence of illegal weapons in the homes of powerful politicians, other public figures, miscreants in the society etc who are using those deadly arms for sinister political agenda or other illegal purposes.
He argued that the probability of whistle blowing working in fighting illegal acquisition of firearms is very high. Just like there is a high level of cooperation from Nigerians on exposing corruption, Nigerians will likely do better in whistle blowing illegal acquisition of firearms especially when the citizens have come to realize that they are the victims of such act.
‘’Passage of the whistle blower bill to me will be one the best things that would happen to Nigeria if and when same is passed. Absolute confidentiality of the blowers identity would make it effective and more effective when security of life, property etc of the blower is guaranteed.
Adegbite described the new policy of the government as a good thing by the Federal Government pointing out that its efficacy in exposing corrupt practices is glaring for all to see.’’ I am more delighted that there’s now a Whistle-Blower Bill. I do not have facts about the proposals in the bill but I hope the policy will cut across all crime heads not just corruption or firearms. It should be extended to Kidnapping, Terrorism, Militancy, Armed Robbery, Cyber Crimes and many more.
“I have no doubt in my mind that the Whistle Blowing policy will enhance the fight against corruption and crimes in general, if it is extended to other sectors. The policy can only be effective and strengthened if supported by legislative enactment. With an enabling law which clearly states the security arrangements for the whistle blower, the effect of the policy will be beyond our imaginations”.
Lead Advocate, Constitutional Rights (and Peoples Development) Advocacy Initiative (CRAI), Mr Ikechukwu Ikeji pointed out that Whistle blowing as a policy is not actually restricted to financial crimes and that it will be effective in fighting illegal acquisition of firearms.
He, however, remarked that it is however riskier than ordinary financial whistle blowing because those engaged in arms running could be deadlier and ready to kill.
He said that as a matter of good governance, the policy should be extended to all areas of the societal existence. It should not be restricted to only financial crimes. “Indeed, we have whistle blowing situations even before now. When you give information to the law enforcement agencies about the commission of any crime, what you have done is whistle blow on the culprits. It would be drug trafficking, child trafficking, arson, kidnapping just to name a few.
‘’Just so long as your information leads to the prevention of crime or the apprehension of criminals, you have engaged in whistle blowing. The old term used is police informants”, he argued..
