₦airaland Forum

The United States of America designates every October as ‘’National Cyber Security Awareness Month’’ (NCAM). Initiated in 2004, the National Cybersecurity Awareness Month is a collaboration between government —the U.S. Department of Homeland Security — and private industry — the National Cyber Security Alliance, and other partners. The National Cyber Security Awareness Month campaign is aimed at raising awareness about the importance of cybersecurity (safeguarding digital information) and to increase resiliency in the event of an incident. The National Cybersecurity Awareness Month campaign is now a global call to action. Canada, Europe and other countries have joined the fray. Africa, nay, Nigeria must take a cue.

The advent of the internet and social media has revolutionized virtually every facet of our daily life. Incidents of cyberattack, hacking, ramsomware are commonplace. The inherent danger in cyberattacks is that distance is not a barrier. A hacker in North Korea can wreak havoc in Nigeria from the comfort of his bedroom. In September 2017, Equifax Inc., a United States consumer credit reporting agency says a huge cybersecurity breach compromised the personal information of as many as 143 million Americans — almost half the country. Cybercriminals accessed sensitive information -- including names, social security numbers, birth dates, addresses, and the numbers of some driver's licenses. Washington Post reported in May 2017, how more than 150 countries were affected by massive ramsomware cyberattack. Schools, hospitals, vehicle manufacturing, telecommunications, banks, businesses and other establishments were affected. The malware, deployed in this ransomware cyberattack is known as WanaCrypt0r 2.0, or WannaCry. Also recall that in 2015, a multinational gang of cybercriminals dubbed “Carbanak’’, infiltrated more than 100 banks across 30 countries and stole upwards of one billion dollars over a period of roughly two years. Cybercriminals steal more than £47 million annually through ATM card cloning (skimming) in the United Kingdom. Nigeria's Minister of Communications, Adebayo Shittu says cybercrime costs Nigeria N127 billion annually. A recent Kaspersky Cybersecurity Index estimates that up to 40 percent of people still leave their devices unprotected from online threats. A cybersecurity special report suggests that ransomware will worsen due to the increasing penetration and inherent vulnerabilities in Internet of Things (IoT), medical devices, web cameras, IP Phones, Internet Protocol (IP) CCTV Cameras, DVRs, SmartHouses or SmartCities, wearables such as SmartWatches, public Wi-Fi, and proliferation of mobile Apps with malicious codes, amongst others.

Governments alone cannot curb cyberthreats. All hands must be on deck! Be #CyberAware! This explains why the overall theme of the October 2017 cybersecurity awareness month is, ‘’Cybersecurity is a shared responsibility’’. The United States Department of Homeland Security, DHS, encapsulates online safety best practices in a catchphrase: STOP. THINK. CONNECT. The first step is to STOP: ensure security measures are in place. THINK: about the far-reaching consequences of your actions/online activities. CONNECT: and enjoy your devices with more peace of mind. Take heed of the following cybersafety tips, habits:

1. Be vigilant against ransomware: Ransomware cyberattacks has become one of the biggest cybersecurity threats. Ransomware is coined from - ‘’ransom’’ - money demanded in return of a captured person or something valuable. Ransomware is malicious software remotely deployed by cybercriminals (cyber-extortionists) to encrypt, hold valuable digital information ‘hostage’ until a ransom is paid. A combination of the following tips will help prevent not just ransomware but other forms of cyberattacks, data breaches.

2. Use strong, unique passwords, passcodes or touch ID features to lock your devices (or use a password manager): Research says more than half of Internet users choose the same password for everything they do online. Common passwords such as — ‘’123456’’, ‘’QWERTY’’, ‘’password’’, amongst others are easy to guess and compromise. Instead of the aforementioned common passwords, try using multiword phrase or easy to remember sentence (e.g. I am Passionate About Cybersecurity); incorporate numbers and special characters such as #@&^. Better still, use two-factor authentication or a password manager.

3. Protect your online identity and security on social media platforms: Social media and messaging platforms - Twitter, Facebook, LinkedIn, Instagram, WhatsApp, amongst others, have become intrinsic part of our daily lives. They help us communicate, network, stay abreast of news and events. Your personal information (date of birth etc.), games you like to play; your contacts list, your itinerary and location are assets to cybercriminals. Be wary who gets such data and which Apps harvest such info.

4. Keep software, Anti-virus, Applications updated: A cybersecurity rule-of-thumb in securing your personal computer, smart device is keeping your operating system and all software, Applications up-to-date. Software updates help patch vulnerabilities.

5. Secure your Wi-Fi (or use a VPN): When a Wi-Fi or hotspot connection is not secured properly (weak password), it can be an Achilles’ heel for hackers to penetrate. If for some reason you have no choice but to use a public Wi-Fi network (hotspot), ensure you secure your connection by using a VPN (virtual private network). This will ensure your data is encrypted.

6. Should a suspicious process be detected on your computer or device, promptly turn off the Internet connection. This is particularly efficient during the early stage of a cyberattack because the ransomware won’t get the chance to launch a connection with its remote Command and Control server and thus cannot complete the encryption process.

7. Switch off unused wireless connections, such as Bluetooth or infrared ports. Cybercriminals can surreptitiously exploit a Bluetooth to launch a cyberattack or compromise a computer, a mobile device.
8. Tor (The Onion Router) Internet Protocol (IP) addresses or gateways are usually the preferred route for ransomware to communicate with their Command and Control servers. Hence, blockading such IP addresses may impede a malicious malware from infiltrating.

9. When in doubt, throw it out: If an email, link, attachment, social media post, advertisement, picture or video look suspicious, even if you know the source, it’s best to delete or mark it as spam. Don’t click or open it! Cybercriminals often conceal ransomware, malwares on such gimmicks.

10. Protect your financial transactions: When banking and shopping, check to be sure the site is security enabled. A website with “Http://” is not secure. Look for web addresses with “https://” or “shttp://,” which means the site takes extra measures to help secure your information.

11. Avoid logging in to your bank account with public Wi-Fi, public computers, cyber cafes or public libraries. Hackers can intercept your information. If you must, ensure there is no key-logger, clear the internet history or cache after use. Check your bank account balance after making any transaction online.

12. Type your internet banking URL: It is a safer to type your bank URL in the web browser’s address bar than clicking on links. Links can be cloned, masked.

13. Never give out your banking details: bank verification number (BVN), Pin number, internet banking details to someone purporting to call from your financial institution. Your bank will NEVER ask for your confidential information via phone or email.

14. Back Up You Information/files: Regularly protect your files, valuable work, music, photos and other digital information by making an electronic copy and store it safely in an external hard/flash drive. Backups are useful only if they're created prior to a cyberattack.

15. Be internet, Social media savvy and stay current. Keep pace with innovations, new ways to stay safe online: Check trusted websites for the latest information, and share with friends, family, and colleagues and encourage them to be web wise.

16. Think before you act: Be wary of deals that sound too good to be true or messages that entreat you to act immediately.

17. It's a good security practice to delete software, Apps you no longer use.

18. Increase the privacy and security settings on your online and social media platforms.

19. Share with care: The Golden Rule applies online, on social media. Think before posting about yourself and others online. Consider what a post reveals, who might see it and how it could be perceived now and it’s implication in the future.

20. Help fight cybercrime: Report cybercrimes to law enforcement agencies, establishments such as the National Information Technology Development Agency (NITDA) Computer Emergency Readiness and Response Team (CERRT) for assistance regarding ransomware, cyberattack via telephone (+2348023275039) or e-mail ( support@cerrt.ng).

Recommendation: If you are passionate about security and cybersecurity like I am and you want to make a difference in the world of cybersafety, join the STOP.THINK.CONNECT campaign. Visit the Department of Homeland Security, DHS Website or https://stopthinkconnect.org and sign up as an individual or a partner organization. It’s free! Friends and partners of the campaign receive monthly newsletter with cyber news, tips, and trends. You can also follow @STOPTHNKCONNECT and @StaySafeOnline on Twitter for #CyberAware tips.

The Nigerian government, relevant agencies will do well to formulate and implement up-to-date national cybersecurity policy, data protection law. Ongoing public cybersecurity awareness is exigent. Cybersecurity should be part of the primary and secondary school curricula in Nigeria.

Written by:

© Don Okereke; security analyst/consultant, writer, public speaker

Holistic Security Background Checks Limited

www.holisticsecurity.com.ng

HARDDON:
Blowing whistle for a gov of lies n propagander is d worse thing any1 shld emback on.
They dont even trust themselves, they say one thing today n deny it tomorow. They cant even protect themselves let alone.....

Blow d wrong whistle n get ur head blown off .
No one remembers

That's my concern. A whistleblower law/policy in the United States could not protect the likes of Edward Snowden, Bradley Manning, amongst others how much more in Nigeria where such a concrete law is wanting.

Introduction:

Holistic Security Background Checks is a global best practice and first line of defence against latent risks of negligent hiring and vicarious liability which employers of labour increasingly face in our today’s world. The crux of negligent hiring lawsuit is that a hiring decision (lack of due diligence or background check) by an employer resulted or contributed to the incident. A growing number of organizations fall prey to negligent hiring and vicarious liability lawsuits. To give us an idea, ‘’about 75% of employers reportedly lose negligent hiring cases with settlement claims averaging $1 million’’. A jury in an Arkansas Federal Court in the United States awarded $7 million in damages to the family of an Arkansas truck driver killed in a 2008 accident in a wrongful death lawsuit brought against a timber company and its truck driver who caused the accident. Apart from the negative financial cost, negligent hiring and vicarious liability lawsuits impact the reputation of a brand, organisation. In my essay: ‘’Staggering Fake Certificates, Fraud In Nigeria Demands Stringent Background Checks’’, I buttressed the need for holistic security background checks in Nigeria.

What is Negligent Hiring, Vicarious Liability?
Negligent hiring is a claim made by an injured party against an employer based on the notion that the employer knew or should have known about the employee's background which, if known, portends a dangerous or untrustworthy character. In the light of this, an employer is responsible for, and can be held accountable for checking the background and references of job applicants before placing him/her in a position of high public contact. In other words, negligent hiring is the flip side of due diligence or background checks.

Similar to the tort of negligent hiring is vicarious liability which refers to a situation where someone or an organization is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees provided it can be shown that such actions took place in the course of their employment. Vicarious liability is founded on a legal construct called “respondent superior,” which means that an employer is responsible for the deed its employees committed in the line of work. In this case a plaintiff does not necessarily have to prove that the employer was negligent in hiring but to prove that the employee was negligent while working for the employer.

What Is a Background Check?

A background check is the process of verifying information provided to a prospective employer by an applicant in his or her resume, application form, or during interviews. A holistic security background check process is quite vast. It could be in the form of ascertaining identity, academic qualifications, reference or guarantor, employment verification (dates of employment, positions, responsibilities etc.), driving record (for driving related jobs), criminal conviction (not mere arrests), drug and alcohol tests (to establish applicant(s) with substance abuse or alcohol problems), credit check (especially for finance or account professionals), amongst others.


Potential Negligent Hiring, Vicarious Liability Lawsuits

Where an employee rapes a coworker or a teacher sexually molests his/her pupil/student and an investigation reveals that the employee is a registered sex offender previously jailed for sexual assault. Where an accountant who has prior conviction for fraud is hired and the accountant commits fraud. A similar scenario is where a truck driver with a revoked driver license is hired without background checks and he’s subsequently enmeshed in a fatal road accident. A negligent hiring and/or vicarious liability lawsuits can be brought against employers of such culprits because holistic security background checks would have unveiled such tendency.

Negligent hiring and vicarious liability lawsuits can be brought against an employer if the employee forged academic credentials, misrepresented himself or stole somebody’s identity and subsequently fails in his/her job. For instance, a negligent hiring, vicarious liability legal action can be brought against an employer for hiring a fake medical practitioner (medical doctor, nurse, pharmacist etc.) if the bogus health professional harms someone in the course of his/her job.

Why Background Checks: Industry Facts

One of the most important decision and investment a business or an organization will make is to hire the right workforce. Hiring managers must not rely on “gut instinct" but rather adopt global best practice by carrying out holistic security background checks on prospective staff. Twenty-nine percent of survey respondents said background checks helped to mitigate negligent hiring risks. Other advantages of background checks include: improved workplace safety and improved quality of staff recruited. The following information culled from HireRight further buttresses the importance of background checks:

 False Information: 53% of all job applications contain inaccurate information. 49% of the 3,100 hiring managers surveyed had caught a job applicant fabricating some part of his/her resume. 34% of all application forms contain outright lies about experience, education, and ability to perform essential functions on the job. 9% of job applicants falsely claimed they had a college degree, listed false employers, or identified jobs that didn't exist. 11% of job applicants misrepresented why they left a former employer.


 Substance (Drug) Abuse: More than 75% of substance abusers are employed. Substance abusers change jobs as frequently as 3 times a year. They are 2.5 times more likely to be absent 8+ days a year. Just recently, the Nigerian Civil Aviation Authority, NCAA Suspended 5 cabin crew for testing positive to marijuana.

 Employee Theft: In 2008, the majority of retail shrinkage was due to employee theft at $15.9 billion, which represented almost half of losses (44%). In 2007, one in every 28.2 employees was apprehended for theft from their employer. The FBI calls employee theft the fastest growing crime in America.

Conclusion:

From the foregoing, an employer can be likened to a sitting duck for negligent hiring or vicarious liability lawsuits with potentially huge financial losses and damage to the brand if the employer doesn’t carry out a holistic security background checks.

Written By:

© Don Okereke, a Security Consultant/Analyst, Writer, is CEO Holistic Security Background Checks Limited (RC 1407617) noted for Bespoke Criminal Record Checks, Employment Verifications, Due Diligence & Private Investigation, Background Checks in Nigeria, Security Training, Risk Management And Consultancy Services etc.

Email: info dot holisticsolution at yahoo dot com
Twitter: @HolisticSecure

It is certainly a season of mind-boggling cash hauls in Nigeria. Thanks to a Whistle Blower, the Economic and Financial Crimes Commission, EFCC, recently unraveled a staggering $43.4 million (about N14 billion) warehoused inside the infamous ‘’Apartment 7B’’ at Osborne Towers, Ikoyi, Lagos. Prior to the #IkoyiGate cash haul, the EFCC also uncovered bundles of naira notes totaling about N450 Million inside ‘Ghana-must-go’ bags at shop LS64 Legico Plaza, Nigerian Air force Camp, Victoria Island, Lagos State. A whopping $9.8 million (about N3 billion) was also recovered from the former Group Managing Director of the Nigerian National Petroleum Corporation, NNPC, Mr. Andrew Laah Yakubu, on February 3, 2017; while N250 million was hauled from the popular Balogun Market, also in Lagos. Not forgetting the N49 million cash that was reclaimed by the EFCC at the Kaduna Airport a while ago. The federal government also submits that $151 million (N46 billion) was seized from a fake account in an unnamed commercial bank. All in all the Nigerian government brags that thanks to the whistleblowing policy, at the conservative parallel market rate of N306 to the US dollar, the least value of the humongous cash so far confiscated amounts to N73 billion in the last four months (December 22, 2016 to April 2017). Whistleblowing is undoubtedly the trending buzzword in Nigeria. As a matter of fact, the policy recently led to the discovery of counterfeit and unregistered products worth over N200 million in Ota, Ogun State by the National Agency for Food and Drug Administration and Control (NAFDAC).


Nigeria’s Whistleblowing Policy

Information available at the Federal Ministry of Finance, FMF website says the whistle blowing programme is ‘’designed to encourage anyone with information about a violation of financial regulations, mismanagement of public funds and assets, financial malpractice, fraud and theft to report it.’’ The Nigerian whistleblowing policy encourages whistleblowers to provide information in respect of (1) mismanagement or misappropriation of public funds and assets, (2) collection or soliciting of bribes, (3) diversion of revenues, (4) making of fraudulent and unapproved payments, (5) splitting of contracts, and (6) procurement fraud, amongst others. Individuals with “authentic information about violation, misconduct, or improper activity which can impact negatively on the Nigerian people and Government” can report it through any of the following channels – FMF-Whistle secure website (http://whistle.finance.gov.ng), email (whistle@finance.gov.ng) or by Phone (+2349098067946). For phone calls: Monday - Friday 10.00am to 3.00pm except on public holidays).


Nigeria’s Growing Whistleblowing Industry

With a promise to give a whistleblower responsible for providing information that directly leads to the return of looted fund or asset anywhere between 2.5-5.0% of the value of the recovered looted fund or asset, whistleblowing is arguably the most lucrative career in Nigeria right now. In order to qualify for the reward, the whistle blower must provide the government with information it does not already have, and could not otherwise obtain from any other publicly available source to the government.’’ The Nigerian government says its whistleblowing platform received a total of 2,251 communications - enquiries, tips, compliments and general advice from the public. In essence, 282 Nigerians provided 154 actionable intelligence in three months (December 22, 2016 to April 2017). Not to be outdone, the Inspector General of Police, Mr. Ibrahim Idris recently urged whistleblowers to report the misconduct of policemen to the appropriate quarters. Members of the public can report malfeasance and corrupt tendencies of Nigeria Police personnel to the Police Complaint Rapid Response Unit (PCRRU), through any of these - phone lines, SMS, WhatsApp, Blackberry Messenger (BBM), Emails, Facebook, Twitter platforms.

Whistleblowing, Panacea For Mopping Up Illegal Weapons in Nigeria?

Encouraged by the seeming success of whistleblowing in recovering looted funds, Nigeria’s National Security Adviser, NSA, Major General Babagana Monguno is said to be tinkering a whistleblowing template that will boost the prevention and mopping up of the surplus illegal weapons in Nigeria. Recall that during the launch of the integration of Nigeria into the ECOWAS-EU small arms project, held at the ECOWAS Commission, Abuja on February 19, 2017, the Chairman of the Presidential Committee on Small Arms and Light Weapons, (PRESCOM), Ambassador Emmanuel Imohe, bandied a conservative guesstimate of over 1.3 million illicit weapons in Nigeria.

Let us not get overly excited over the efficacy of whistleblowing in reining in proliferation of weapons in Nigeria. I give a couple of classic example. In the Niger Delta, parts of Southern Kaduna and the middle belt (Benue, Nasarawa, Plateau states) ravaged by sporadic herdsmen-farmers internecine conflict, locals seldom trust government security agencies to protect them hence they resort to self-defence. Common sense reckons that it is somewhat improbable for these locals to snitch or blow the whistle on members of the community to stockpile cache of weapons with which they would use to fight off intruders. Similarly, it is an open secret that some notorious criminals and fêted militant leaders declared wanted by Nigerian security agencies walk freely. Their communities, friends and loyalists mark their birthdays in grand style. People, including security agents see them but it appears everyone turns a blind eye. It is the responsibility of the potpourri security and intelligence agencies in Nigeria to mop up proliferation of illegal weapons in Nigeria. Last time I checked Nigeria parades the Defence Intelligence Agency (DIA), Air force Intelligence, Naval Intelligence, Directorate of Military Intelligence (DMI), the National Intelligence Agency (NIA), the Department of State Security (DSS) formerly called State Security Service (SSS), the Nigeria Police Force Criminal Investigation and Intelligence Department (FCIID), the Nigeria Security and Civil Defence Corps (Directorate of Intelligence and Investigation), Nigeria Customs (Customs Intelligent Unit or CIU), Nigeria Immigration Service (HQ National Intelligence Unit), amongst others. Whistleblowing or not, these agencies must up their game, spread their dragnet, do what they are paid to do and not abdicate their responsibility to so-called whistleblowers.

Whistleblowing in Nigeria, A Risky Adventure

Through open source intelligence, I figured out that the whistleblower who tipped off the EFCC on the money warehoused in ‘’Apartment 7B’’, is plausibly a security guard who worked at the posh Osborne Towers. This calls into question the best practice of utmost privacy in such issues. With this information, it is not impossible to unravel the identity of this supposed whistleblower. Unless he relocates abroad, having blown his cover, dude will probably not be sleeping with both eyes closed henceforth. A typical corrupt Nigerian ‘big man’ is unscrupulous, desperate, vindictive, and bloodsucking; human life means nothing to them hence eliminating anyone who snitches or stands on their way is elementary. This is why protection of whistleblowers is very important especially in our clime where insecurity is pervasive. More often than not, Nigerians are wary of reporting suspicious persons or activities to the security agencies because confidentiality is not always guaranteed. There are instances where people report goings-on to the police and before you say Jack, the suspect tracks down the individual who reported the matter to the police. This means that an insider privy to the event leaked the information to the suspect, usually at a fee. Only a whistleblower that is not driven by pecuniary interest in which case she or he hides under anonymity or one that is kamikaze will damn the consequences of his actions. In the absence of a whistleblowing protection law, a Nigerian whistleblower is on his own, what is referred to ‘’OYO’’ (On Your Own) in our local parlance. It is definitely not a job for the faint-hearted. Recall that a whistleblower, one Mr. Aaron Akase, a staff of Police Service Commission, PSC, who reportedly revealed serious allegations of possible fraud in the PSC but was humiliated, placed under indefinite suspension from work without salaries and faces threats to his life. The case of the suspended House of Representatives member, Mr. Abdulmumin Jibrin who leveled allegations of ‘’budget-padding’’ on the leadership of the House of Representatives is another classic example of the hunter becoming the hunted.


Whistleblowing Best Practice

Whistleblowing best practice demands that inter-alia whistleblowers must be safeguarded against any form of retaliation - threats, harassment and demotion, amongst others while also ensuring confidentiality to the fullest extent possible and ability to anonymously report malfeasance and corrupt tendencies. The Nigerian government should take a cue from the United States ‘’Whistleblower Protection Act’’, a federal law that protects federal whistleblowers who work for the government and report agency misconduct. A US federal agency violates the Whistleblower Protection Act if it takes or threatens to take retaliatory action against any employee/applicant because of disclosure of information by that employee/applicant. Also, President Barack Obama’s Presidential Policy Directive 19 (PPD-19), titled "Protecting Whistleblowers with Access to Classified Information", ensures that employees (1) serving in the Intelligence Community or (2) who are eligible for access to classified information can effectively report waste, fraud, and abuse while protecting classified national security information and prohibits retaliation against such employees. Despite the aforementioned laws in the United States guaranteeing protection and safety, it is not a piece of cake being a whistleblower in the States how much more in Nigeria where a whistleblower protection law is wanting. The story of two United States citizens - Edward Snowden and Bradley Manning exemplify the misfortune of being a whistle blower.

Conclusion:

Our problem in Nigeria is not paucity of good policies but implementation and penchant to put the cart before the horse. The Ministry of Finance will do well to articulate a comprehensive policy rather than simply providing whistleblowing frequently asked questions (FAQ). While the government basks on the success of the whistleblowing policy, it must ensure that the programme is sustainable and that whistleblowers are guaranteed protection from intimidation, threat or victimization. A Whistleblower Protection Bill was passed by the 7th National Assembly in 2015, and a sequel sponsored by Senator Biodun Olujimi meant to protect persons who expose financial improprieties and corruption in public and private organizations also passed second reading in the Senate since October 2016. On this note, we urge the Senate to liaise with President Buhari to ensure speedy signing of the bill into a law. This will encourage more whistleblowers to come forward. It is not enough to recover so-called looted funds or illegal weapons, it is important that Nigeria’s criminal justice system is rejigged to ensure diligent prosecution of culprits, swift dispensation of justice while also ensuring that the rule of law prevails. Blowing a whistle is very simple and easy but the consequence may not be that simple.

Written by:

Don Okereke, a security analyst/consultant, writer, is CEO Holistic Security Background Checks Limited, a value and solution-centric Security, Risk Management and Information Product Company. Don can be reached via his Twitter handle: @DonOkereke

This article was first published on http://donokereke..com.ng/2017/04/nigerias-whistle-blowing-policy-urgent.html?m=1

It is certainly a season of mind-boggling cash hauls in Nigeria. Thanks to a Whistle Blower, the Economic and Financial Crimes Commission, EFCC, recently unraveled a staggering $43.4 million (about N14 billion) warehoused inside the infamous ‘’Apartment 7B’’ at Osborne Towers, Ikoyi, Lagos. Prior to the #IkoyiGate cash haul, the EFCC also uncovered bundles of naira notes totaling about N450 Million inside ‘Ghana-must-go’ bags at shop LS64 Legico Plaza, Nigerian Air force Camp, Victoria Island, Lagos State. A whopping $9.8 million (about N3 billion) was also recovered from the former Group Managing Director of the Nigerian National Petroleum Corporation, NNPC, Mr. Andrew Laah Yakubu, on February 3, 2017; while N250 million was hauled from the popular Balogun Market, also in Lagos. Not forgetting the N49 million cash that was reclaimed by the EFCC at the Kaduna Airport a while ago. The federal government also submits that $151 million (N46 billion) was seized from a fake account in an unnamed commercial bank. All in all the Nigerian government brags that thanks to the whistleblowing policy, at the conservative parallel market rate of N306 to the US dollar, the least value of the humongous cash so far confiscated amounts to N73 billion in the last four months (December 22, 2016 to April 2017). Whistleblowing is undoubtedly the trending buzzword in Nigeria. As a matter of fact, the policy recently led to the discovery of counterfeit and unregistered products worth over N200 million in Ota, Ogun State by the National Agency for Food and Drug Administration and Control (NAFDAC).


Nigeria’s Whistleblowing Policy
Information available at the Federal Ministry of Finance, FMF website says the whistle blowing programme is ‘’designed to encourage anyone with information about a violation of financial regulations, mismanagement of public funds and assets, financial malpractice, fraud and theft to report it.’’ The Nigerian whistleblowing policy encourages whistleblowers to provide information in respect of (1) mismanagement or misappropriation of public funds and assets, (2) collection or soliciting of bribes, (3) diversion of revenues, (4) making of fraudulent and unapproved payments, (5) splitting of contracts, and (6) procurement fraud, amongst others. Individuals with “authentic information about violation, misconduct, or improper activity which can impact negatively on the Nigerian people and Government” can report it through any of the following channels – FMF-Whistle secure website (http://whistle.finance.gov.ng), email (whistle@finance.gov.ng) or by Phone (+2349098067946). For phone calls: Monday - Friday 10.00am to 3.00pm except on public holidays).


Nigeria’s Growing Whistleblowing Industry

With a promise to give a whistleblower responsible for providing information that directly leads to the return of looted fund or asset anywhere between 2.5-5.0% of the value of the recovered looted fund or asset, whistleblowing is arguably the most lucrative career in Nigeria right now. In order to qualify for the reward, the whistle blower must provide the government with information it does not already have, and could not otherwise obtain from any other publicly available source to the government.’’ The Nigerian government says its whistleblowing platform received a total of 2,251 communications - enquiries, tips, compliments and general advice from the public. In essence, 282 Nigerians provided 154 actionable intelligence in three months (December 22, 2016 to April 2017). Not to be outdone, the Inspector General of Police, Mr. Ibrahim Idris recently urged whistleblowers to report the misconduct of policemen to the appropriate quarters. Members of the public can report malfeasance and corrupt tendencies of Nigeria Police personnel to the Police Complaint Rapid Response Unit (PCRRU), through any of these - phone lines, SMS, WhatsApp, Blackberry Messenger (BBM), Emails, Facebook, Twitter platforms.

Whistleblowing, Panacea For Mopping Up Illegal Weapons in Nigeria?
Encouraged by the seeming success of whistleblowing in recovering looted funds, Nigeria’s National Security Adviser, NSA, Major General Babagana Monguno is said to be tinkering a whistleblowing template that will boost the prevention and mopping up of the surplus illegal weapons in Nigeria. Recall that during the launch of the integration of Nigeria into the ECOWAS-EU small arms project, held at the ECOWAS Commission, Abuja on February 19, 2017, the Chairman of the Presidential Committee on Small Arms and Light Weapons, (PRESCOM), Ambassador Emmanuel Imohe, bandied a conservative guesstimate of over 1.3 million illicit weapons in Nigeria.

Let us not get overly excited over the efficacy of whistleblowing in reining in proliferation of weapons in Nigeria. I give a couple of classic example. In the Niger Delta, parts of Southern Kaduna and the middle belt (Benue, Nasarawa, Plateau states) ravaged by sporadic herdsmen-farmers internecine conflict, locals seldom trust government security agencies to protect them hence they resort to self-defence. Common sense reckons that it is somewhat improbable for these locals to snitch or blow the whistle on members of the community to stockpile cache of weapons with which they would use to fight off intruders. Similarly, it is an open secret that some notorious criminals and fêted militant leaders declared wanted by Nigerian security agencies walk freely. Their communities, friends and loyalists mark their birthdays in grand style. People, including security agents see them but it appears everyone turns a blind eye. It is the responsibility of the potpourri security and intelligence agencies in Nigeria to mop up proliferation of illegal weapons in Nigeria. Last time I checked Nigeria parades the Defence Intelligence Agency (DIA), Air force Intelligence, Naval Intelligence, Directorate of Military Intelligence (DMI), the National Intelligence Agency (NIA), the Department of State Security (DSS) formerly called State Security Service (SSS), the Nigeria Police Force Criminal Investigation and Intelligence Department (FCIID), the Nigeria Security and Civil Defence Corps (Directorate of Intelligence and Investigation), Nigeria Customs (Customs Intelligent Unit or CIU), Nigeria Immigration Service (HQ National Intelligence Unit), amongst others. Whistleblowing or not, these agencies must up their game, spread their dragnet, do what they are paid to do and not abdicate their responsibility to so-called whistleblowers.

Whistleblowing in Nigeria, A Risky Adventure

Through open source intelligence, I figured out that the whistleblower who tipped off the EFCC on the money warehoused in ‘’Apartment 7B’’, is plausibly a security guard who worked at the posh Osborne Towers. This calls into question the best practice of utmost privacy in such issues. With this information, it is not impossible to unravel the identity of this supposed whistleblower. Unless he relocates abroad, having blown his cover, dude will probably not be sleeping with both eyes closed henceforth. A typical corrupt Nigerian ‘big man’ is unscrupulous, desperate, vindictive, and bloodsucking; human life means nothing to them hence eliminating anyone who snitches or stands on their way is elementary. This is why protection of whistleblowers is very important especially in our clime where insecurity is pervasive. More often than not, Nigerians are wary of reporting suspicious persons or activities to the security agencies because confidentiality is not always guaranteed. There are instances where people report goings-on to the police and before you say Jack, the suspect tracks down the individual who reported the matter to the police. This means that an insider privy to the event leaked the information to the suspect, usually at a fee. Only a whistleblower that is not driven by pecuniary interest in which case she or he hides under anonymity or one that is kamikaze will damn the consequences of his actions. In the absence of a whistleblowing protection law, a Nigerian whistleblower is on his own, what is referred to ‘’OYO’’ (On Your Own) in our local parlance. It is definitely not a job for the faint-hearted. Recall that a whistleblower, one Mr. Aaron Akase, a staff of Police Service Commission, PSC, who reportedly revealed serious allegations of possible fraud in the PSC but was humiliated, placed under indefinite suspension from work without salaries and faces threats to his life. The case of the suspended House of Representatives member, Mr. Abdulmumin Jibrin who leveled allegations of ‘’budget-padding’’ on the leadership of the House of Representatives is another classic example of the hunter becoming the hunted.


Whistleblowing Best Practice

Whistleblowing best practice demands that inter-alia whistleblowers must be safeguarded against any form of retaliation - threats, harassment and demotion, amongst others while also ensuring confidentiality to the fullest extent possible and ability to anonymously report malfeasance and corrupt tendencies. The Nigerian government should take a cue from the United States ‘’Whistleblower Protection Act’’, a federal law that protects federal whistleblowers who work for the government and report agency misconduct. A US federal agency violates the Whistleblower Protection Act if it takes or threatens to take retaliatory action against any employee/applicant because of disclosure of information by that employee/applicant. Also, President Barack Obama’s Presidential Policy Directive 19 (PPD-19), titled "Protecting Whistleblowers with Access to Classified Information", ensures that employees (1) serving in the Intelligence Community or (2) who are eligible for access to classified information can effectively report waste, fraud, and abuse while protecting classified national security information and prohibits retaliation against such employees. Despite the aforementioned laws in the United States guaranteeing protection and safety, it is not a piece of cake being a whistleblower in the States how much more in Nigeria where a whistleblower protection law is wanting. The story of two United States citizens - Edward Snowden and Bradley Manning exemplify the misfortune of being a whistle blower.

Conclusion:

Our problem in Nigeria is not paucity of good policies but implementation and penchant to put the cart before the horse. The Ministry of Finance will do well to articulate a comprehensive policy rather than simply providing whistleblowing frequently asked questions (FAQ). While the government basks on the success of the whistleblowing policy, it must ensure that the programme is sustainable and that whistleblowers are guaranteed protection from intimidation, threat or victimization. A Whistleblower Protection Bill was passed by the 7th National Assembly in 2015, and a sequel sponsored by Senator Biodun Olujimi meant to protect persons who expose financial improprieties and corruption in public and private organizations also passed second reading in the Senate since October 2016. On this note, we urge the Senate to liaise with President Buhari to ensure speedy signing of the bill into a law. This will encourage more whistleblowers to come forward. It is not enough to recover so-called looted funds or illegal weapons, it is important that Nigeria’s criminal justice system is rejigged to ensure diligent prosecution of culprits, swift dispensation of justice while also ensuring that the rule of law prevails. Blowing a whistle is very simple and easy but the consequence may not be that simple.

Written by:

Don Okereke, a leading security analyst/consultant, writer, an ex-serviceman, is CEO Holistic Security Background Checks Limited, a value and solution-centric Security, Risk Management and Information Product Company. Don can be reached via his Twitter handle: @DonOkereke

Background Check: Antidote To Negligent Hiring, Vicarious Liability


Holistic Security Background Checks is a global best practice and first line of defence against latent risks of negligent hiring and vicarious liability which employers of labour increasingly face in our today’s world. Whether they bargained for it or not, the very moment an employee is hired, an employer inherits an invincible burden – a reasonable duty of care for the security and safety of others. The crux of negligent hiring lawsuit is that a hiring decision (lack of due diligence or background check) by an employer resulted or contributed to the incident. A growing number of organizations fall prey to negligent hiring and vicarious liability lawsuits. To give us an idea, ‘’about 75% of employers reportedly lose negligent hiring cases with settlement claims averaging $1 million’’. A jury in an Arkansas Federal Court in the United States awarded $7 million in damages to the family of an Arkansas truck driver killed in a 2008 accident in a wrongful death lawsuit brought against a timber company and its truck driver who caused the accident.

Apart from the negative financial cost, negligent hiring and vicarious liability lawsuits impact the reputation of a brand, organisation. In my essay: ‘’Staggering Fake Certificates, Fraud In Nigeria Demands Stringent Background Checks’’, I buttressed the need for holistic security background checks in Nigeria.

What is Negligent Hiring, Vicarious Liability?
Negligent hiring is a claim made by an injured party against an employer based on the notion that the employer knew or should have known about the employee's background which, if known, portends a dangerous or untrustworthy character. In the light of this, an employer is responsible for, and can be held accountable for checking the background and references of job applicants before placing him/her in a position of high public contact. In other words, negligent hiring is the flip side of due diligence or background checks.


Similar to the tort of negligent hiring is vicarious liability which refers to a situation where someone or an organization is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees provided it can be shown that such actions took place in the course of their employment. Vicarious liability is founded on a legal construct called “respondent superior,” which means that an employer is responsible for the deed its employees committed in the line of work. In this case a plaintiff does not necessarily have to prove that the employer was negligent in hiring but to prove that the employee was negligent while working for the employer.


What Is a Background Check?
A background check is the process of verifying information provided to a prospective employer by an applicant in his or her resume, application form, or during interviews. A holistic security background check process is quite vast. It could be in the form of ascertaining identity, competence (possibly a written test to confirm skills or knowledge), academic qualifications, reference or guarantor, employment verification (dates of employment, positions, responsibilities etc.), driving record (for driving related jobs), criminal conviction (not mere arrests), drug and alcohol tests (to establish applicant(s) with substance abuse or alcohol problems), credit check (especially for finance or account professionals), amongst others.

Background checks must be fair, nondiscriminatory such that candidates for the same job position should undergo same screening. Some jurisdictions prohibit inclusion of criminal records exceeding 7 years from been included on a background check report.


Potential Negligent Hiring, Vicarious Liability Lawsuits
Where an employee rapes a coworker or a teacher sexually molests his/her pupil/student and an investigation reveals that the employee is a registered sex offender previously jailed for sexual assault. Where an accountant who has prior conviction for fraud is hired and the accountant commits fraud. A similar scenario is where a truck driver with a revoked driver license is hired without background checks and he’s subsequently enmeshed in a fatal road accident. A negligent hiring and/or vicarious liability lawsuits can be brought against employers of such culprits because holistic security background checks would have unveiled such tendency.

It’s not always about employees with previous criminal convictions. Negligent hiring and vicarious liability lawsuits can be brought against an employer if the employee forged academic credentials, misrepresented himself or stole somebody’s identity and subsequently fails in his/her job. For instance, a negligent hiring, vicarious liability legal action can be brought against an employer for hiring a fake medical practitioner (medical doctor, nurse, pharmacist etc.) if the bogus health professional harms someone in the course of his/her job.

Why Background Checks? Industry Facts
One of the most important decision and investment a business or an organization will make is to hire the right workforce. Conversely, hiring incompetent candidates or those with serious criminal backgrounds could spell doom for an employer. Hiring managers must not rely on “gut instinct" but rather adopt global best practice by carrying out holistic security background checks on prospective staff. Twenty-nine percent of survey respondents said background checks helped to mitigate negligent hiring risks. Other advantages of background checks include: improved workplace safety and improved quality of staff recruited. The following information culled from HireRight further buttresses the importance of background checks:

 False Information: 53% of all job applications contain inaccurate information. 49% of the 3,100 hiring managers surveyed had caught a job applicant fabricating some part of his/her resume. 34% of all application forms contain outright lies about experience, education, and ability to perform essential functions on the job. 9% of job applicants falsely claimed they had a college degree, listed false employers, or identified jobs that didn't exist. 11% of job applicants misrepresented why they left a former employer. Nearly one-third of job applications listed dates of employment that were inaccurate by more than three months.

 Workplace Violence: The most common effects of workplace violence incidents on employees include decreased morale, decreased sense of safety, decreased productivity, decreased trust among co-workers and increased stress and depression. 13% of the 5,840 workplace fatalities that happened in the US in 2006 were the result of assaults and violent acts.

 Substance (Drug) Abuse: More than 75% of substance abusers are employed. Substance abusers change jobs as frequently as 3 times a year. They are 2.5 times more likely to be absent 8+ days a year. Just recently, the Nigerian Civil Aviation Authority, NCAA Suspended 5 cabin crew for testing positive to marijuana.

 Employee Theft: In 2008, the majority of retail shrinkage was due to employee theft at $15.9 billion, which represented almost half of losses (44%). In 2007, one in every 28.2 employees was apprehended for theft from their employer. The FBI calls employee theft the fastest growing crime in America. 55% of perpetrators of employee theft are managers.

Conclusion:
From the foregoing, an employer can be likened to a sitting duck for negligent hiring or vicarious liability lawsuits with potentially huge financial losses and damage to the brand if the employer doesn’t carry out holistic security background checks.


Culled from: http://donokereke..com.ng/2016/12/background-check-antidote-to-negligent.html

Contact: Holistic Security Background Checks Limited for Criminal Record Checks, Employment Verifications, Due Diligence Investigation, Background Checks in Nigeria, Security Consultancy and Training, Risk Management and Advisory Services, Private Investigations etc.

Holistic Security Background Checks Limited
Email: info.holisticsolutions at yahoo dot com
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Holistic Security Background Checks Limited