Nigeria - Whistleblowing
Table of Contents
- 1. LEGISLATION | NOTABLE CASE LAW
- 3. OVERVIEW
- 3.1. Outline the legislative protection for whistleblowing
- 3.2. Outline the whistleblowers who are protected under the law. E.g. workers, agents, etc.
- 3.3. What kind of disclosures or actions are protected under the law? – internal or external reporting?
- 3.4. Is legal protection limited to certain subject matters? E.g. criminal offences, health and safety.
- 3.5. What information do employees have to be provided with about a whistleblowing scheme?
- 4. NOTIFICATION, REGISTRATION AND APPROVAL OF WHISTLEBLOWING SCHEMES
- 4.1. Is prior notification/registration with the data protection authority or any other body, such as a works council required? If so, how must this notification/registration be made?
- 4.2. Is prior approval of the scheme by the data protection authority or any other body, such as a works council required? If so, how must this approval be sought?
- 5. MANAGEMENT OF WHISTLEBLOWING SCHEMES
- 5.1. What are the specific internal organisational requirements for the management of a whistleblowing scheme?
- 5.1.1. With whom does the responsibility lie for the management of the scheme?
- 5.1.2. Does a separate department isolated from the HR department have to be created?
- 5.1.3. Are there any specific hotline requirements? E.g. multilingual approach.
- 5.2. Is it possible to use external service providers? If so, what obligations and liabilities are imposed on the external service providers?
- 6. ANONYMITY OF WHISTLEBLOWERS
- 7. RIGHTS OF THE ACCUSED
- 7.1. Does the person accused in a whistleblower’s report have to be informed when data concerning him/her is recorded? Please state any time limits.
- 7.2. What information must the person be made aware of? E.g. the entity responsible for the whistleblowing scheme, the actions he is accused of and related facts.
- 7.3. Does the accused have a right to have his identity remain confidential? I.e. beyond those involved in the investigation.
- 7.4. Does the accused have a right to access, rectify and erase his data?
- 7.5. What legal recourse is available for the accused?
- 8. PENALTIES
- 8.1. Please outline any penalties for failure to notify/unfair dismissal/unlawful detriment
- 8.2. May an organisation face other kinds of liability? E.g. Is there vicarious liability for retaliation by co-workers?
- 8.3. Please outline any compensation that is available to whistleblowers. E.g. monetary/reinstatement