• OVERVIEW OF THE COMMISSION

The Nigeria Atomic Energy Commission (NAEC), created by Act 46 of 1976 (as amended by Cap N91 LFN, 2004), is the national focal agency charged with the responsibility for the promotion of the development of atomic energy and for all matters relating to the peaceful use of atomic energy.

NAEC was activated and became fully operational in July, 2006 under the aegis of the Federal Ministry of Science and Technology, by the appointment of its pioneer Director-General/Chief Executive Officer. However, in 2011, the Commission was restructured to be under the supervision of the Presidency.

The Nigeria Atomic Energy Commission (NAEC) with headquarter in Abuja and operating within the aegis of the Presidency is to serve as the National focal point for the formulation of policies and prosecution of the National Nuclear Energy Programme (NNEP) in conformity with its enabling law.

Vision

To lay an enduring foundation for the building of a world-class institution for the development and peaceful deployment of nuclear technology in all its ramifications for national development in conformity with international best practices.

Mission

To develop a sustainable framework imbued with the fundamental elements of a high safety culture for the peaceful application of nuclear science and technology for the socio-economic development of Nigeria.

 

2.0 BACKGROUND OF THE WHISTLEBLOWER POLICY

Whistleblowing entails reporting on wrongdoings, corrupt and unethical practices in an organization to an appropriate authority either internally or externally with a view to putting an end to such practices. Whistleblowing as a globally accepted practice is also acknowledged and practiced in Nigeria.

At the National level, in line with modern trends, whistleblowing being an important initiative in the fight against corruption, the Federal Government through the Federal Ministry of Finance, has developed a National Whistleblowing Policy to guide citizens in disclosing information on fraud and embezzled funds to the government for recovery.

 The Office of the Head of Civil Service of the Federation in November, 2021 released a Circular Ref: HCSF/PSISDOl90/1/152 dated 3rd November, 2021 on Anonymous Reporting System (ARS) to encourage public servants to report unethical practices noticed within their Ministries, Departments and Agencies (MDAs).

Following from this, the Management of the Nigeria Atomic Energy Commission and the Anti-Corruption and Transparency Unit (ACTU) has taken steps to domesticate and develop the Commission’s Whistleblowing Policy to guide staff and stakeholders in reporting on corrupt and unethical practices and other relevant information that may hinder the effective discharge of the Commission’s mandate.

3.0 LEGAL FRAMEWORK OF THE POLICY

This policy has its framework derived from the provisions of extant circulars, Public Service Rules(PSR), Corrupt Practices and Other Related Offences Act, 2000, other relevant anti-corruption laws in Nigeria and the National Anti-Corruption Strategy.

4.0 PURPOSE OF THE POLICY

Whistleblowing plays an important role in exposing wrongdoing and building transparent, accountable and efficient organization. The purpose of this policy is therefore to assist the Management of Nigeria Atomic Energy Commission (NAEC) in ensuring that its staff and stakeholders abstain from corrupt practices, while also ensuring that prompt reports are made on any unethical or corrupt practice seen around them.

Specifically, the policy aims at the following:

• To expose all forms of unethical practices, wrongdoing, corrupt activities and malpractices that may be associated with the Commission in the discharge of its mandate.
• To encourage a culture of openness, accountability and integrity amongst staff and stakeholders of the Commission.
• To provide a guide for Staff, Stakeholders and the general public on how to report observed wrongdoings and malpractices to the Commission without fear of reprisal, harassment, intimidation and/ or victimization.
• To assure whistleblowers that reports made would be accorded due importance and treated in a timely manner.
• To improve staff and stakeholders’ confidence in the management of Nigeria Atomic Energy Commission (NAEC) as well as improve the Commission’s image before the general public.

5.0 SCOPE OF THE POLICY

This policy covers misconducts, unethical and corrupt practices that may be associated with the official business of the Commission. Categories of wrongdoing or misconduct that may be reported includes: misconducts and serious misconducts provided in the PSR, practices that constitute offences under the Corrupt Practices and Other Related Offences Act, 2000 and other Anti- Corruption Laws applicable in the country, as well as unethical practices prohibited in the Code of Ethics of the Commission. The Policy therefore covers (without being limited to) the following forms of conducts and practices:

1. Embezzlement
2. Fraud

III.     Misappropriation of funds

1. Misuse of official property
2. Suppression of records
3. Falsification of records

vii.     False claims

viii.    Sabotage

1. Demand for bribe or gratification for performance of official duty
2. Dealing with using, holding, receiving or concealing gratification
3. All forms of harassment or physical abuse of any staff and other relevant stakeholders

xii.     Unauthorized disclosure of official information.

6.0 HOW TO MAKE REPORT

Staff or Stakeholders who may wish to make a report on any unethical or corrupt practices seen around them may do so verbally or in writing using any of the following channels:

• A Verbal report made to the ACTU members either physically or through phone call or text message to the ACTU dedicated phone number.
• Written report addressed to the Chairman/Chief Executive or the ACTU Chairperson and submitted to the office of the addressee or via email at actu@nigatom.gov.ng
• Through ACTU suggestion boxes.

The above stated channels do not preclude the right of staff or stakeholders to make report to appropriate authorities outside the Commission, after exhausting the above stated channels.

7.0 REPORT REQUIREMENTS

Reports or complaints raised whether made verbally or in writing, such whistleblower is encouraged to provide comprehensive details of the facts raised in the report and where possible attach or provide supporting evidence, to ensure prompt treatment of such reports.

All reports received shall be treated expeditiously, without fear or favour and objectively without prejudice to whomever the complaint is made against.

8.0 OUTCOME OF REPORT

All reports received and investigated could result in one or two of the following outcomes:

• Disciplinary action and appropriate sanctions against the offender.
• Further investigation and possible prosecution by the Independent Corrupt Practices and other Related Offences Commission or other appropriate anti-corruption agency.
• Closure of investigation where allegation could not be substantiated.
• Remedial action to prevent re-occurrence of the reported issue.

9.0 FEEDBACK MECHANISM

Feedbacks shall be provided for all report received from staff or stakeholders on the action taken and the outcome of such reports.

Whistleblowers are encouraged to provide channels where appropriate feedbacks can be communicated to them on the outcome of their report, and should the need arise, further evidences or testimonies of the whistleblower in the investigation of the complaint should be provided.

10.0 CONFIDENTIALITY AND ANONYMOUS REPORTING ON POLICY

In line with the Public Service Policy on anonymous reporting, whistleblowers are encouraged to make report anonymously where they prefer to do so. All reports submitted anonymously must be accompanied by enough facts and information to enable the Commission take appropriate action on the report. All reports submitted shall be treated with all sense of responsibility and confidentiality whether or not the identity of the whistleblower is known.

11.0 WHISTLE BLOWER PROTECTION

All whistleblowers, particularly staff of the Commission who make reports of unethical or corrupt practices seen shall not be victimized, harassed, intimidated or given any form of punishment for making such reports provided such reports are made in good faith and without malicious intent.

12.0 FALSE PETITION

Whistleblowers are advised not to base their reports on mere speculation, rumor or gossip but on personal knowledge of verifiable facts. Any whistleblower that willingly and knowingly makes a false or malicious report to malign or discredit the Commission or any of its staff shall be punished in line with the Public service Rules or Section 64 (3) of the Corrupt Practices and Other Related Offences Act, 2000 as applicable.

13.0 PLEDGE

The Management of the Commission pledges its commitment to implementing this Policy in the interest of the Commission and the Nigerian Public. Management shall ensure that all whistleblowers are adequately protected from all forms of attack or reprisal that may arise from giving valuable information under the Policy. Staff and Stakeholders are encouraged to work with the Management in ensuring that this Policy is implemented with all sense of responsibility and accountability.

• INTRODUCTION OF NAEC GIFT AND HOSPITALITY POLICY:

The Criminal and Penal Codes prohibits and imposes fines and or imprisonment on employees who accepts, for himself/herself or for any other person, any gift or consideration as an inducement or reward for doing or not doing any act in relation to his duties. Other legislations/regulations also align with this provision such as the Corrupt Practices and Other Related Offences Act, 2000; Economic and Financial Crimes Commission Act (Cap E1, LFN 2004); the Code of Conduct Bureau and Tribunal Act, (Cap C15, LFN 2004), the Constitution of the Federal Republic of Nigeria, (Cap C23 LFN 2004) and the Public Service Rule (PSR).

In accordance with the principles articulated in the Code of Business Conduct, NAEC is committed to promoting an ethical environment for all employees, where strict adherence to the highest levels of transparency and integrity guide the processes and actions of its employees.  Therefore, all employees are required to act in accordance with the highest standards of ethics and be committed to treating all persons and organizations, with which they come in contact or conduct business with impartially. Accepting or receiving certain gifts can be part of normal business relationships particularly during the festive seasons. Employees may in such circumstance(s) and subject to strict rules, accept offers of gifts. However, most times, the receipt of gifts creates a conflict of interest or the appearance of a conflict of interest and may give rise to an adverse inference regarding the integrity of either the donor or the employee. All staff must therefore follow stipulated procedures as detailed within this policy on receipt of gifts. Whilst, the Commission recognizes that a refusal may constitute embarrassment or offence to the donor, it is pertinent to critically examine and prioritize the inherent risks to both employees and the Commission accordingly. There is therefore a need to institute measures to guide the receiving of gifts by employees, in relation to vendors, suppliers, potential or existing customers, potential employees, potential vendors or suppliers, or any other individual or organization. Additionally, the need has arisen to establish a reporting threshold, over which all gifts are to be declared, whether monetary or otherwise whilst affirming exceptional conditions where these gifts can be retained.

• DEFINITIONS

15.1 GIFT:

 Means anything of value, including – but not limited to – loans, cash, favorable terms or discounts on any product or service, services, equipment, prizes, products, transportation, lunch/meals, use of vehicles, vacation or other facilities, stocks or other securities, home improvements, tickets, gift certificates, gift cards, discounts except those available to a NAEC staff. It includes but not limited to anything including, payments given to any employee or immediate family member or relation of an employee. It may also include, but not limited to items, goods, services, information or money in whatever form, from which the recipient may derive benefit, as well as any other benefit.

15.2 Hospitality:

Means the offer of food, drinks, accommodation or entertainment or the opportunity to attend any cultural or sporting event on terms not available to the general public.

15.3 IMMEDIATE FAMILY MEMBERS:

 Means a child, step-child, parent, step parent, spouse, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of such staff, nominee for staff or beneficial owner, and any person (other than a tenant or employee) sharing the household of such staff, nominee for staff or beneficial owner.

• SCOPE:

This policy applies to all employees (permanent, temporary and contract staff).

• OBJECTIVES:

 In order to avoid any impropriety in the acceptance and receipt of gifts, it is imperative that all employees of the Commission should, at all times, be aware of the wider implications of the offer. Therefore, the main objectives of this policy are:

• Provision of guidance on acceptable/expected behaviors in line with the core values of the Commission.
• Promotion of transparency and avoidance of business–related conflicts of interest.
• Ensuring fairness in the interests of employees and NAEC.
• Create an audit trail of the process for the acceptance and receiving of gifts.
• Compliance with requirements of various legislations and regulations relating to the prohibition of corruption.

These objectives, if properly implemented, would:

• Avert any unjustified perception of self-interest, prejudice or bias by employees acting in situations where the Commission has approved the acceptance and receipt of gifts by employees.
• Provide a structured process for the receipt of gifts by employees and the Commission thereby protecting employees from misplaced charges of conflict of interest or corruption.
• Permit employees, in appropriate circumstances, to receive gifts, on the condition that such gifts do not interfere with or have the potential to improperly influence their judgments or inappropriately interfere with their responsibilities to the Commission or when acting on behalf of the Commission. In such instance, an employee must be seen to be fair, impartial and unbiased.

• POLICY STATEMENT:

 Except as provided in this Policy, NAEC generally prohibits its employees from soliciting, accepting or from agreeing to solicit, accept or receive anything of value, whether in cash or in any other form, directly or indirectly from anyone in connection with the business of the Commission. All gift received must be disclosed in line with laid down guidelines. An employee’s family is also prohibited from soliciting, accepting or receiving any gifts directly, or indirectly on behalf of the employee, where such gifts are obtained from Contractors, Consultants or agents of the Commission.

Whenever in doubt as to whether a disclosure is required regarding receiving or acceptance of a gift as stipulated in this Policy, it is the duty of the employee to seek for further clarification/advice from respective Heads of Department and/or from the Chief Compliance Officer, in this case Head of Administration and Human Resource.

Any actual or suspected breach of this Policy will be thoroughly investigated and any employee found to be in breach would be subjected to the Commission’s disciplinary proceedings, and such employee shall bear the consequences of the outcome of the disciplinary proceedings.

• PROCEDURE FOR ACCEPTANCE OF GIFT

• Conditions for Acceptance of Gifts:

No staff or his family shall accept gifts or presents, whether in the form of money or otherwise, from any person in recognition or anticipation of service rendered or to be rendered by virtue of his/her official position. These rules shall not be regarded as applying to small personal gifts such as may be exchanged between colleagues and friends. If a staff is in doubt as to the propriety of receiving and retaining a gift, he/she may consult the Monitoring Officer.

Provided that there is no corrupt intent, only gifts of value above N50, 000.00 (fifty thousand naira only) (or its equivalent in any other currency) is required to be declared and handed over in line with this policy. Cash gift of any value is however PROHIBITED. Where cash gift is given by a third party and the recipient is unable to return it to the third party, same must be declared and handed over to the Monitoring Officer.

When receiving or accepting such gifts, an employee must disclose the acceptance or receipt of any gift as soon as practicable but not later than five (5) working days from the date of receipt, in Acceptance Reporting Form provided in his department or from the Monitoring Officer.

Every employee should however note that:

• A gift involving a clearly established monetary value of the amount allowable as specified in this Policy, received directly by the employee must be declared. With the proviso that the acceptance or receipt of the gift does not impair the independence or objectivity of the employee acting in his or her official capacity on behalf of the Commission. The acceptance or receipt of the gift may not take place in circumstances that amount to a conflict of interest on the part of the employee.
• The acceptance or receipt of the gift may not take place in circumstances that amount to Bribery and Corruption.

Gifts from traditional rulers, Chiefs and other persons which cannot be refused without giving offence shall be handed over to the Commission. When gifts are received on behalf of the Commission in ceremonial engagements, they shall be handed over to the Commission and any returned gifts shall be at the Commission’s expense.

• Hospitality:

The handling of offers of hospitality requires all staff of the Commission to exercise careful judgment, in determining whether or not it is proper to accept the hospitality offered. Each individual case should be considered on its merits. For example, there is a distinction between a working lunch which is normally regarded as acceptable practice and does not require approval, and a more formal lunch or dinner by prior invitation which should be approved by the Chief Executive of the Commission with the advice of the Chief Compliance Officer (CCO). On occasions, in deciding whether or not to approve attendance at such events, it will be necessary to ensure that the Commission is not over-represented at the function concerned. The same approach should be applied to some invitations which are extended, particularly to senior staff, acting in a representational capacity. While such invitations may generally be accepted within reasonable limits, care should be taken to ensure the Commission is not over represented. A register should be kept at various levels to keep track of all invitations of hospitality by third parties to the Commission and be subject to periodic inspection by the MO who shall report to the CCO.

Registers and records will be open to periodic inspection by the CCO and will be included in Internal Audit Inspections. The MOs are authorized to access the Register to enable monthly compliance inspections. In addition, the register is subject to Freedom of Information (FOI) queries. The Register of Gifts and Hospitality will be published annually where available, on the Commission’s website, and FOI requesters will be referred to the published information. All staff should bear this in mind when deciding on the acceptance of any gift or hospitality.

This Policy is designed to protect members of staff and the Commission in general.

• Offer of Gift or Hospitality by the NAEC:

Expenditureon official hospitality is a sensitive matter, which can lead to public criticism.  Care must therefore, be taken to avoid allegations of extravagance or impropriety.

Expenditure on official hospitality should only be incurred where it can be shown to be in direct support of the Commission’s business. The scale of hospitality should be appropriate to the needs of the occasion and the status of the guests.

• Social considerations:

Where it would be reasonably deemed to be impractical, inappropriate or insulting to refuse to accept a gift that has been offered with an estimated value greater than ₦50,000.00, the employee shall accept the gift. Thereafter, the employee must disclose the acceptance or receipt of such gift as soon as possible, but not later than five (5) working days from the date of receipt, in the format prescribed in the Acceptance Reporting Form. It is pertinent to note that all Cash Gifts are never permitted as allowable gifts under the Policy, regardless of amount or consideration.

• THE REGISTER OF GIFTS:

 Management shall approve the appointment of the MO to coordinate the acceptance of gifts in the Head Office. Directors of Centers under NAEC approves same. All staff must ensure that information on all acceptable gifts is detailed in the Acceptance Reporting (AR) Form to the MO through the management of each department within five (5) working days. The AR Form must be completed in paper version, signed by the staff member and passed to the management of each department for approval and signature. After being signed off, it must be passed to the MO, who will confirm and acknowledge receipt and forward same to the CCO for overall review and monitoring. The CCO then renders a biannual report to the Management on Gifts-related issues. 

• Disposal of Gifts:

• PROCEDURES

NO	ACTION AND DESCRIPTION	RESPONSIBILITY
i	Gift received: Recipient obtains AR Form from his/her Monitoring Officer	Recipient/MO
ii	Inventory of gift is indicated on Form within 5 working days	Recipient
iii	MO receives gift items for registration in Register	MO
iv	MOs forwards gifts and report to CCO within 5 working days	MO
v	CCO forwards gifts and report to CEO of the Commission within 5 working days	CCO
vi	The CEO directs as appropriate	CEO

• NON-COMPLIANCE AND REPORTING:

 Non-compliance with this Policy and the procedures described in it may be considered as misconduct and erring employees’ subjected to disciplinary action that could lead to suspension, and in serious cases, summary dismissal. All suspected incidents of corruption and contraventions of this policy should be reported to the Chief Audit Executive for investigation and recommendation as appropriate in line with the Whistleblowing Policy of the Bank.

• ROLES & RESPONSIBILITIES:

The Board of Directors and Management is ultimately responsible for ensuring that an appropriate/effective structure and process is in place to manage the acceptance and receipt of gifts effectively.

• Internal Audit:

 Internal Audit conducts periodic reviews to provide independent assurance to the Board through Management that the policy on the receipt of gifts and hospitality is implemented and followed, and that the risks are being appropriately assessed, managed and controlled.

• Chief Compliance Officer:

 The CCO coordinates the implementation of the framework governing the policy and all updates thereto, whilst monitoring the review of the procedures, reporting obligations and awareness responsibilities under the policy. Furthermore, in consultation with other relevant role players, ensures that all contraventions are investigated in accordance with relevant approved policies.

The Chief Compliance Officer (CCO), in this case, the Head of Administration and Human Resources of the Commission shall have overall responsibility for the implementation of this Policy, monitoring effectiveness and dealing with queries with regard to its interpretation in line with the Commission’s legal and ethical obligations. Directors of Centers, Heads of Directorates, Departments and Units at all levels are responsible for ensuring that their subordinates are made aware of the Policy and adequately informed on its application. It shall be subject to review every four (4) years or as required in order to keep it up to date with changes to relevant regulations or best practices. All suggestions for review and or amendments shall be forwarded to the CCO for review, including obtaining Management/Board approvals of the amended policy.

• Monitoring Officer:

A Monitoring Officer shall be appointed by Directors of Centers as in the case of the headquarters by the Director Administration and Human Resources. All reports from the Monitoring officers shall be forwarded to the CCO for inspection and necessary action.

STAFF GIFTS/HONORARIUM/HOSPITALITY/SPONSORSHIP

ACCEPTANCE REPORTING FORM

(To be completed by Recipient)

To: Recommending Officer……………………………………………………………………………………………………

In accordance with NAEC Code of Ethics, I have to report that I have received the following gifts which was/were presented in my official capacity.

Recipient’s  Name
Rank
Staff No.
Department
Date of offer
Date of receipt (if applicable)

DETAILS OF GIFTS/HOSPITALITY/HONORARIUM/SPONSORSHIP

Item No	Description (Cash or Tangible)	Date	Estimated Value/Amount (N)	Donor (MDA, Contractor, Company, etc)	Occasion
1.
2.
Was the gifts/hospitality/honorarium/sponsorship Accepted or declined		Yes (   )                         No (   )
Reason(s) for declining or accepting
Other comments

DECLARATION

I confirm that the information provided above is complete and correct. I acknowledge that any changes in this declaration must be notified to NAEC as soon as possible. I am aware that if full, accurate and timely disclosure is not made, I will be liable to misconduct as stipulated in the NAEC Conduct of Service.

Signature………………………………….                                           Date……………………………………………

• CONCLUSION:

 All staff must be aware of the requirements of this Policy and it should be read in conjunction with other relevant policies of the Commission. All staff are mandated to attest to the declaration page of this policy, which must be forwarded through the management of their respective departments to the MO. It is the responsibility of all staff to ensure that the spirit and contents of this policy are adhered to at all times.

28.0   APPROVAL

This Nigeria Atomic Energy Commission’s Policy on Whistleblower, Receipt of Gift and Hospitalitywas approved and adopted by the Board and Management of Nigeria Atomic Energy Commission for the overall good and promotion of accountable and transparent system within the Commission.