One interesting part of the Nigeria Freedom of Information (FOI) Act is that it will protect public officers who disclose information to the public (Section 27).
What kind of protection would be given? The FOI Act bans any legal action (criminal or civil proceedings) against any public officer who shows information to the public despite the consequences it might have on the organisation. Also, it bans any public officer from facing any legal action for giving out information without permission as long as the officer believes that the information shows;
· violation of any law;
· mismanagement, gross waste of funds, fraud and abuse of authority or;
· a substantial and specific danger to public health or safety.
Is this protection sufficient for whistleblowers? The answer is NO. While the FOI Act to some extent protects whistleblowers in the public sector by removing legal obstacles that affect public disclosure of information, it is still not enough.
Why? It only protects employees in the public sector from facing legal actions when they give out information. It does not protect them from issues such as dismissals, suspensions or demotions as a result of making a public disclosure. It would be necessary to have a comprehensive whistleblower law that protects whistleblowers from dismissals or suspensions. It would also be necessary to broaden the range of protection to include the private sector.
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