University of Nigeria Virtual Library

Serial No

Author 1

EZEANI, Emmanuel Onyebuchi

Author 2

Author 3

Title

The Ombudsman and Administrative Responsibility: As Appraisal of the Public

Complaints Commission of Nigeria Keywords

Description

The Ombudsman and Administrative Responsibility: As Appraisal of the Public

Complaints Commission of Nigeria

Category

Social Sciences

Publisher

Nigeria Journal of Social Sciences

Publication Date December, 2003

Signature

. NIGERIAN JOURNAL OF SOCIAL SCIENCES \'ol. 2 No. 2, Decembkr, 2003 . 1

I Edil Dr. E.U.

I . i

Editorial I.'rofessor Raymond Anyadike , .

Pro febor Enleka Okpara ~rofessor A.O. Okore

I

Corlsulting Editors I'rofessor Ogbu U. Kalu -McCormick Theological SeIIuIIU.,, uL..bU(jV

Professor A.F. Uzoka -Nnanldi Azikiwe Uniyersity, AwRa : ',

. , Cuidelincs to Contributors:

l'he editorial tcani inv~tes well-researched articles and book' reviews froin scholars in all fields the Social Sciences. Suc]l al-ticleg cllnnld d l \ ~ r ~ uhirtlv tn fhp fnllnwinn nllirlrlinp;- f i l hrticlr.c innlet wrhm in 1:nulkh ' """"... '"-..-.- .... ". .J .- ."' "..V .. "'O ,,"..""..-.a. L.J . .... W.W" ... "0. " .... ".. ... "..,yX'..

1 20 A4 pages [ double line spacing]. [ii] Articles shodtl bc submitted in triplicate and y diskettc [typeset in any version 'of Microsoft Word or WordPcrli~l]. [iiil 'l'hc n shoi~!d follow the A.PA [triple enfry] style of refcluncc. All cited tnaterials 1i.c. list - A . . - . _ _ - . . . . - -

and slmoi~id not exceed stored ;n a 3.5 flopp bibliog~iphicsl cilatio ol'n.li.rc~ic.cs] should appwr nt llrc e ~ l d 01 the artxlc and on no account should foot~~oles bc placed. Ilowevcr. notes can be tolerated'where absolutely necessary and should be placed before the list ol'references. Iiv1.A short abstract of 150 worth precuding the.introduction should be included. [v] The cover page should conlain the titlc ot'111c p a p , aulllor's nanle, rank (position] and pli~sical and electronic i ~ t l d r ~ % ~ s . hJSS is cxpuc~ctl to appuar twice In a year and authors of accepred uild publislietl .wticlcs,rvilE rcccivcone litx

w p y of the joi~rnal. ; \ I 1 cnqu~rics and afliclcs sI~oi!Id be scnt to: I

The Editor-iii-CI The Dean's Offi . .

Faculty of the Social ! University of Nibqria,

E-mail: rnisunn@?ac ..,,... Subscription: Si~lgle niambers costJV500 in Nigeria, 525 in ~fdca,.and $40 outside Africa. Subscription r a t ~ s

.l'or onc year arc as follows: :\was lndividunls a . ~nstitutions

N700 . N600 Nigciia - US$50 A Ilic.1 US$40 Outside AI'Tica US$70 U ~ ~ X O O 4

Introcluction

Volurnc I No. I of the Nigerian Journal of Social ~ c i e n ~ e s appeared ig~ecimber.2b01 with . much L'rtnhrc, giving causc for great expectations. Regrettably,,however, i t has takcn this

long for Vol. I No. 2 to emergc from' the production pipe-liiie. Thc Editorial 13oard apologists to both our fhitlifi~l rcadcrship and diligelit contributore whose patience we l~nvc sorcly Icstcd. Our cxcusc, fccblc as i t is, is that our operations were inextricably caught LIP A in the rcccnt disruptions of acatlcmic aktivity which ]lave been so traumatic as lo occasion the cancellation &one wholc ilcndemic year at our hose unidcrsity, Thc ideal which iwst be pursucd hcnccfortll is that thc journd should bc tl~oroilgl~ly'ins~tlatcrl Srom indus~rial

. 8 relations and othcr vagarics m d sliock~ of ~iniversity life.

Voluinc 3 No, 2 is a collcctioii of a dozen articles that havc bcen carefdly sclectccl to ~-cprcsalt budding as well as est;hlislied scholars workii~~' in a varieiy oSficlds in the dondin oilllc social scieiiccs. The Editorial Board congratu!ates all the authors whose work wc are nblc to isconimodatc within the conliqes of h i s slcnder volun&. Allhough it has ilot been possihlc to coGx'tlic cntirc spcctrum of thc Social sciences we are sure that both our omnivorous readcrs and the sensitive stakeliolclers will Find'a thingor two in the volun~e to cngiigc thcir alti~ition irntl stimulate their imagination. . .

. . . . In this lssue , !

. .

Attirral of ~ost l l s Towrds I~rsitutio~~olisnfio;l and Care of f??e Elderly: A Stuc!~ of Yoriths in Arlarrrhru State - Uzoma 0.- Oltoye 1 -'14 fIealr/r Stutirs of prison Innlutes br a ~ i ~ e r i u r ; Prison - C11,uka Mike Ifeagwazi 15-26 R~lrtro-religioirs Violetl~e uwrl Politics in Nigcriu: ~np l@t iow for . .. ( I N~rsccrrt Democmcy - Edlyne E. Anugwom , :. . 27-38 The O~rrhrrdslnerrr ailtl Ad~iri~iisfrutive Respousihili~y: ' . ,411 Approisol of tlrc hlblic Co~~~plairrts Cornrnissio~ o f ~ i k e r i a - E.O. Ezeaui 39-54

. Glohrrlizcrfio~r, the State wcl flre Clraller~gks of Urre~nploynrerrt irz Nigericr - Jonah O~iuolia . , , 55 - 66

7he Politics otrJ Eco~rorrrics of Fit~urrciai Ref?rrrrs in Nigerin: i~uplic~rtiorrs for Frrtrrrv Developnrerrt Alternatives - Robett Chikwcndu Asogwa 67-79 Gcrrrler A~~rrrcrress Irr Rcprotluctivc Heclltlr with Sorm Excr~~rylesJi-onr

Nigerici - N koli N. EzumaIi I

.8 1 -89 Errcourugirrg Puhlic Prrrticipution in ~hvirorrnrentcil Askessnrert f of Torrrisrrr ~~)t .velo~t~re~rt ill Nigoiu - Pat Uche Okpcko , 91-103 ZZerrtierisrrl arrtl Ofjcirrl Corruptiorr in Nigcriu . - S.A. Idiihosa, Masajurva Florence mid Adesoye Isiika Must;q,ha . 105-121 Socitrl Clltrnge ctrltl C~.irrrirlrrl Violerrce it1 Nigericr- E.U.M. lgbo 123- I34 Tlrc Prol)lc~~~s Arul I+espccts of Ilrtei*trrrl Relwrre Cener(rtiotr ill tl,r

Nigeritrlt I,OC~I/ Governn~elrts: A Cuse Strre1~;ofErrrtgir Stute - ('?~ika Oguonu 135-1 54 h~lrrl~~-F~rrr~rle Krgc I~reqrtrrlities itr fhe Sout11 Ajiiitlrr Ltlhorrr irk:. I

- 11 . 1Sme Iclioku slid W.M. Fo~itn ' 155- 175 l)ctc.rl~ri~rrurts o f Ntrtio~rtrl Youflr Service Corps. Mclnbqrs' Ptrrticiprr! 011 ill

I ('o~n~nrurily Uevelop~rtent itr Etrlrgr, Stole - A.E., A&VU aiid 0 .h : . Aki1111agbe 177- 188 I\fJic'ctrr:s 01 C.'onrnro.citrl Btrwlti)rg ill The Gtrnihitr - C.C. Agu 189-200 7 ' 1 1 ~ Ile~vlopnrc~~t rrlrtl Itole of Dntcrbnse in'~khofrr. A4~rket Atrcrlysis

-N~~iicmcki~ I. lkpeie 2fi7-2 ! 5

. . . 9 .

.< .

4

NJSS, Vol. 2 NO. 2, (2003): ,39-54 I ,

The Onibuds~nan and .Adrninistr'ativc Responsibility: An Appraisal of the PublIc Complaints Co111missio11 of Nigeria

C '

b . . . f -

' E.0. Ezeani . Department University

--- h

I

I Abstract This article examines the role of the public .'coinplaints commission in ensuring administrative I-csponsibility in Nigeria. It. n o k s .that despite its achievements, the commission cannot be said to have' made *renrarkable progress towards ensuring adplinistrativc rcsponsibility. This is attributnblc lu.somi: problems which constrain its performance such as, non-cooperation o f most ministries, Deparln~ents and agencies; incdequatc publ ici tpf its existence, powers and functions; inadequate funding; paucity of' we!! -h-ained personnel and corruption among some dffiqials of the commission. To enable l h ~ co~nmiision over come these problems, the artidle recommends as follows: , the conmission should embark on an intensive. anda well planned public enlightenment progranme to. create awareness of its .existence and' functions; adequate funding of the ~omniission,' provisio~j of training opportunity for staff of the commission, among others.

Infroduction h e onibuds~nan in any country where it exists, 'actsa~ a'check against the excesses of the bureaucracy by.ensuring that the. mistakes that-may have been committed either by ~ornlaissioa or omission are eventually rectified. hi other' worlds, it acts as a watchdog' a g i n s ~ i~ijuslicc by cnsuring that citizens are treated fairly and respectively by bureaucrats.

I n Nigeria (as in virtually every country, world-wide), where the bureaucracyhas grown, hcrc is alwavs the possibility of administrBtive lapses amounting to injustice.

dignity of the individual is to be maintained, and the elements ression, victimization and frustration are to be reduced to the minimum, every citiz'en should have unquestionable and

. .

. . . . . . . .:39 . . " . I .

NJSS, Vol. 2 No. 2, 2003

inalienable right to complain, the right to be heard and corrective action I x takcn if one has suffmcd any form of iiijustikc; from Government

1 aclior?s or the actions of the private sector (Public Complaints Commission 1997: I ) . . .

The Public Complaints Coniniission (Nigerian 0mb;dsd'an)-was first established under Decrcc No. 3 1 of 19'15 (now Public Con~plaints ~ o m n i i i d o o Act 377, Laws of ~ i ~ e r ~ a , 1990), to redress ndrninistrative injustices and other violatioiis of the human rights ofcitizens for tllc purpose ol'cnsuring ndn~inistrative r&po.nsibilityand good governance. This means that the Public ~ b n i ~ l a i n t s Comnlission has been in exiitence,for almost 28 years now. The extent to which it has performed its duties and respon~ibjlitiesrernains to be h l ly explored. ."... . . -' . . . ,- The objectives of this chapter therefore, are;. ?;cry . ,.A

( 1 ) to cxahine critically the role of the Commissiofi in redressing administrative injustices and thus e~isuring ,administrative . responsibility;

,.(2) to identify the problems (if any) that impede br constrajn the Commission in performing its statutory functibns; and :'I . '

(3) to proffer'some solutions towards solving th6 identified problems.

Definition of ~ d r n i n i s t h i v e Responsibility i .

Administrative responsibility has been defitied'by Mckinney and Howard (1 979:34) as: any situation in which individuals who exercise power (or authority) are 'expected to be -const.rained and in fact, arc reasonably constrained by &ttrnal. means (e.y. reversal of dccisions, dismissal, and judicial rev&) mid to a degree by internal norms (e.g. codes of ethics and professional training).

, ,

I Administrative responsibility therefore,'has ethical'or normative dimension. In the context ; ! of this article, it refers to a situation in which pu6lic .of'ficials discharge their duties i n 1 ,

accordance with the laws and regulationsof their organizations and in keeping with public ;

interest. In other words, a responsible oficial consciouslyseeks to promote the congruence 1 ; of his actions with the value preferences of the community, people or groups, whom he , ,

serves (Abdulsalami, 1998:73). , , I ,

O g n n a (1 9?9:454-455) outlined certain principles which govern administrative 1 responsibility. The first is that administrative processes and practices are governed by laws i

and regulatiol~s which should be pbserved by public officials. In other words, officials ' J I

should always act with legal authority. The second'is, accountability. Public officials are I I accountable to the people in thq discharge'of their fun&ons. Thirdly, officials are bound by : : moral and legal ability to carry out their duties yih abcordance with their terms of [:

' ? <

.' . ' . I ! I

. /

, ., . .

) I . ' '

. . Is. 0. Ezecnti ' . 4 1 - appointments. Fourthly, administrative responsibility requires honesly, transparency and discipline on the part of officials. Fifthly, the merit system is very central to adn~inistrati~c responsibility. This implies that'abministrathe decisions'sl~ould be based on achievement and objcc~ive criteria. Finally. the principle of cficicncy. is ~undumental lo &ministrutivc responsibility. Efficiency refers tb a state in-which maximum oiitputs arc rculiscd will]

h .

minimuni inputs. , . i

l.be Ornbudsmr~~ System: Meaning, ~ r i ~ i h , ResponsPilities aiid Powers 'l'hc Public Con~plaints Colnn~ission derived its origin from the On~budsman. Before wc proceed with any further discussiori of . th,ecokmirsion, , it is appropriate to discuss bricny h e ~ m b u d s n ~ a n system.' 1 .

What then is the ~rnbudshan?. ~c'cording lo Andren (1 962): the Onlbudsman is a -law officer, tippointed by a national . . pa-li~mcnt for ille task of supervising the activ'ities of cerrain

, categories of public service and of public authorities, His main concern is with the rights and, Fiberties of the citizens. The supervision of the activities hnder his control has. on the whole, the observance of the laws as its priinary objective, not the general I suitability bf decisions. ' , . '

i :

According 10 Nigro ind Nigm (1973:22), an Ombudsman."is an officer o f t h i Parlian~ent . who investigates complaints from. citizens .that they have been unfairly dcalt with by governlncnt department, and who if he finds that the complaint is justified seeks a rcmeily".

The Oml~uclsnian is therefore, an official appointed by the National Assembly or -1i1nent (as the case may be), and charged with the responsibility of prolccting t l~c is li-om the arbitrary and oppressive exercise of the executive power of government. 'he idea of having the O~nbudsman - a.public watch-dog, in modern terms originated

l iun Swcden where, in 1809, the constitution provided for a "HiksdcfgJuslitie O~tthuds~z~tnr", 1ll;11 is, ~ h c Parliament's Agcnt of Ju'stice.' ~ r t i c l e 96 of "the Instrument of Govcnls~ient" o r 1800 provides that:

... the Riksdag shall appoint twocitizens of known legal ability and '

. outstanding integrity, the .one as,Ombudsman for civil affairs, to supervise the observance of the laws and statutes in the capacity of representatives of the Riksdag ... .The Ombudsman of civil affairs ,

should supervise the observance of laws and statutes as apply to all other matters (except the military) by the cout?s and by public officials and employees ... ' . ,

' I b u Swtdi'sh ~mbudsrnan' is charged ivith' the responsibility of receiving and hearing ~ l i t h ' i t i u i l l complaints and of instituting proceedings bcforc the appropriate court $gainst any

42 IT .#Uu, r U s . A lIV. &, l V Y J - <

pumc otr~cial or employee, who in his judgment, acted iliegallg' in the execution of his official duties or has failed to perform them in an appropriate manner (Rosenthal, 1964: 228).

In the performance of his functions, the Ombudsman uses three sources of information: a) complaints received from citizens; b) articles appearing in the public press or reports £ram organizatiohs; and C) public deliberations or decisions, even including the tneelings of the Supreme

Court and the supreme administrative court (Rosepthal; 1964: 228). . .

I .

'I'hc powers of the Swedish Ombudsman are quite enormous. According (1 964:228):

I-Ic may investigate complaints concerning officials at local, regional, 0:. ccntral levels of administration. He is empowered:~o request the assistance of all public officials in an invest'igation and to have access to all filcs aid documentsin the course pf his inquij. He may initiate the prosecution of any administrative of'fichl oi- judge, and reports to both the Iiiksdag and the kingjthecentral government) any deficiencies in existing legislation. I-Ic may use the technique of waning an official or requesting corrective action, rathci than prosecutions, if in his judgment, this would be mok appropriate in a parficular caie.

to Rosenthul I

it is important to state that the citizen does not need legal counsel. in.filing a report or the apbroval of any superior authority. to have.recoune to* the'ombudsman. Usually. all complaints are investigated regardless of the form, as long as they.are signed (Rosenthnl 1964:228). . , -

But why is the Ombudsman necessary when the citizen has the righis of appeal to the courts or to higher executive Official? T l ~ e superiority of the.0inbudsman to other legally established appeals was succinctly put by Alexanderson (Quoted in Andren, 1962:3) thus:

This (the Ombudsman) i s also an expression ,of t11.e idea that the private citizen \vould, with greater.h~knes,s and confidence, dare to present his kgal worries if he could turn to a guardian of the rights and liberties of the individual, appointed by the popular representalivcs and outside the bureaucracy, I . . than . if be had to go to

, a higher officerappointed by the crown. ' . . #

I .

Also apart. from the pathological delays and.. incessant, adjournments that have become characteristics orthe courts, the courts are not in a position,to try non-justiceable cases such as witch-hunting, denial of promotion, victimisation; ,et , cetera, (Public Complaints Comn~ission, 1996: 1 ). But iriost importantly, in redressing grievances,the Ombudsman institution has a di Kerent view to the matter: of law. "The~Ornbudsman .unlike the courts insists on moral equity which is based on reason, fairness and justice" (Public Complaints

I

E.0. Ezeuni 43 - - -

Cbmmission, 199G:l). It is a truism that what may constitute a lcgal claim may not t~ecessarily be fair. 9

It is to be noted that al thouh the Ombudsnian system briginatcd in Sweden, thc Swedish model has been copied with variations by other nations. For instance, i n 191 7 , Finland cstablished the office of the-Ombudsman. ~ e w Zealand became thc first I~nglisli speaking country to establish the affice of the Ombudsi~~an outside thc: Scandinavian . countries in 1962. In 1962, also Tanzania established the "Pcnnanent Commission of Inquiry". While in 1967, Britain established "Parliamentary Commissioner for Admlnis~ration", By 1995, abdut 75 countries of the world have cstablished sort of tllc Ombutlsman.

:: , * - , ' I 1 .

Nigeria's PublicComplaints Commi .: ~n:. Origin, ~ o % e r s mid Responsibilities 'rhe Public Con~plaintsCon;unission (Nizr-ria'sOmbudsman Institution) was first established under Dccree 3 1 of 1975; now inco+orated in the 1990 Laws of tlle federation as Public Complaints Conlniission Act, ' Cap. 377 (Public Complainls Commission, 1995: 1 ). ,

According to Section 1 Sub-section ( I ) of Decree No. 3 1 of 1975: There shall beestablisheda Commission to be known as thc Public . Complaints Commission (heteafler in this Decrce referrcd to as "the Commission") which shall consist of a Chief Co~nr~lissioner and such number ofsther camniissioners as the Sipreme Military . Council niay from time to time determine.

I I

I'hc powcrs and duties of Com~~issioners are stated in Section 4, Sub-section (2) of thc I.)ccrcc. This section empowers tl!e c'ommissioner to ipvestigate either on his own in~tiativc o r follow in^ complainis lodged before him by any oilier person, any administrative action ~ ~ k c n by i ~ i y Federal or State or Local gQvemment ministry or Departtnent; any government stalutory corporation or public insti'tution: any company (public or privatc) incorprvated under or pursuant to the Companies Decree 1968; any officer or servant of anv of thc :)fore- tilcnriowd bodies.

I'rorodure for Lodging ahd ~ n v e s t i g e t i p ~ A Complaint . 'l'he i1ccrc.r empowers the chief Comrnipioner to determine the manner by which

, c.onipl;rinrs arc to be lodged. Usually, the complainant should put his complaint in writin!: I 1 m i siyncd hy him or her. The complaint is then addressed and forwarded to thc Chief ' . . .C'uoiar~sslua~.r at t l~c IIeadqi~artcrs:at Abuja or Colnrnissioncr at thc Stale ~ .~cad~uar te~-s

1 ci l lwr 111 peison or by post. Every complaint should.be accompanied by all tlic neccssary ' J ~ u ~ n c l ~ ~ s in duplicate, "Generally, a complainant should forward his or her.colnplaint for

mws~~galion to the State or Area Offific,: where he resides. However, a complaint can be Id& to and dealt with at the State : r Area office where the complainant resides"

NJSS. Vol. 2 No. 2. 2003

(Ogunna, 1990:473). The Commission is required to acknowledge,in~mcdiatcly, the receipt of all complaints fo~warded to it. It is the responsibilityofevery commissioner to ensure that , administrative action by any person or body mentioned in Section 4, Sub-Section (2) cited above docs not rcsult to any act of injustice against any citizen ofNigeria or any other person resident in Nigeria. 111 this regard, evely commi:jsioner shall i,nvestigate with special care aclministl.ative acts whicli, arc or appear to \x: - '1) contrary to any law or regulat;on; b) mistaken in law or arbitra~y in the ascertainment of fact; . '

C) t~nreasonablc, unfair, oppressive or inconsistrcnt 'with' tlie general functions oS administrative organs;

cl) improper in nlotivation or based on in-elevant considerations; e) uncl'ear or inadequately explained or '

f) otherwise ob-iectionable (Scction 4, Sub-Section 3d). 1

Altliougl~, there are many n~ethods of investigation, the Nigeria Ombudsman uses thc ' . following nletliods:

- 7 a. I hc pcrsuasivc method whicli requires tlic ~nlbudsman to persuade the official to lind out tlic root cause of the matter;

h. Tlic thrc:it iiiutliod: in wl~icli, t l e Ombudsman threatens tb'use his powers on the erranl officials; r

c. On the spot mctliod: in which the On~budsman g,oks to jnspeci whcre tlic act or tlic oniission was comniitted.

d . InSo~mation ~ e t l i o i : , in which, the On~buds~nan obtains i~h,rii~ation from a third party who is not a complainant or an official complained against:

I n the discharge of his duties, the conimissioner sliall'not be subject to the di,rection or control of any other person or authority. ,Every conl-mis'sioner is at lead in theory entitled ucccss to a!! inlbrniation~necessary fcr tlie efficient performance of liis duties anti for this I

purpose may visit and insp,ect any premises belonging to any person or body nientioned i n Sub-scction 2 oSSection 4 - (Section 4, sub-Seclion (2)). ~ l s o , any commissioner has tlie powcr to dccidc wlietlier, 'and .if so, the manner of notifying the public 0;" liis action or j

'

intendcd action in any particular case (Section 4, subsection 3). The comniissioncr may after due investigation of any'complaint recommeiid to tl:c .

appropriate pcrso1;l or agency the followit~g steps: I .

(a) that further consideration of the mater be made; . . I (b) that a niodification or cancellation of the offending administrative or I

other act b c effected; (c) that an alteration of a regulation or ruling be effected; I ;

I

LO. Ezeutfi

(d) that full reasons bchind a particiilar.administralivc or other act be given (Section 4, Sub-section 6). ,

I.- . 11 is important to state that a commissioner shall not investigate the following: a any matter outside his terms ofreferencc; 11 any case pending before the Supreme ~ i i i t a $ Council; the Nationa! Council of States or .

the Federa! Executive Council; c any matter relating to anything done dr purported to be done in respect of any member of

thk Armed Forces in Nigeria or. the police force; d any matter pending before any court of law in Nigeria; c' any ~i~at ter i n which the complainant.J:~s*not, i n the opinion of the Commissioner

exhausted available legal or adminisnative prockdures; 1' any act done before the promulgation ofthe Decree or in respect of which the complaint

is lodged later illan t&elve mohhs after the date of the act; and .

g any matter in which the complainant'l~as'no personal interest (Section 5, Decree 1975).

Acl~ievements of the Public Complaints Commission ' As stated carlier in this chapter, the Public Complaints Commission was established priltiarily to redress adrninisfr~dve injustice for the purpose of ensuring administrative rcsponsibi tity and good governance. The conlinissioii acts as a check clgainst tllc exccsscs of tlic bureaucrats by ensuring tda't-acts 'of injustice committed either by on~ission or colniiiission are eventually rectified. . .

Since its establishment in 1975. the commission has recorded some achievements. As czn be seen ffom Table 1, in 1995, the Commission received a total number of 10,013 cases, of which 3,644 were satisfactorily resolyed while 6,369 werc pending. '

111 1996, a total number of 9,864 cases were received by the commission, of which 4,036 \vcrc satisfactorily resolved, while 5,828 cases were pending. Also, in 1997, thc cuoioiission received a total number, of 9,567 cases, of which 3,918 were satisfactorily ~csol\ui, while 5,619 were pending.

In 1998, the commissio~~ received total of 9,452 cases of whicl1.3,552, wcrc

s,r\istictorily resolved, while 5,900 complaints were pending. Furthermore, in 1999, the co~~ii~iissioii received a total number of 11,147 cases, of which 5,143 were satisfactorily I cbol\ cd while 6,004 were pending. hall^, in the year 2000 the commission received a total 11tllnbcr of.] 1,832 cases, of which 5,283 were satisfactorily resolved while 6549 werc pcnii111g. A close study of selected cases handled by the Commission revcals that the c w l l o n cases in order of frequencies were: I . ~oa-payment of financial entitlement of all kinds. A Unhir treatment (embracing *unfa$ denial of leave and in-service training

4 8 NJSS, Vol.2No. 1, 2003

i . Non-payment of financial entitlement of all kinds. ' , i i i 'Unfair treatment (embracing unfairdenial of leave andin-service training opportunities,

wrongful downgrading, unwarranted surcharge, etc). .

iii Wrongful terrninatioiddisn1issa1, denial of promotion; . ,. iv Arbitrary use of power. . .

. I . . . . - .- v. ~Exploitatioi~/extortion. , . vi. Destruction o'f property. . vii. Violation of agreement. . .

viii. Denial of inheritance. . . . .

It is necessary to present some selected eases taken from the con~plaints received and investigated by the Conlmission in order to illustrdte~the nature of the complaints and how the commission conducted its investigations qnd resolved them.

Case No. One: Unlawful Seizure of n Loek-up Shopin the Market In this particular case, Mr. E. E. lodged a conlplaint to the heahquarters of the Commissioli concerning the unlawful seizuri: of his shop at lhe Wuse Market, Abuja. According to thc complainant, the lock-up shop in the Wuse n~arket'was allocated to him by the Fedcsal Capital Development Authority vide a letter of allocation, dated 18"' May, 1998. Mr. E. E narrated in his complaint tlmt he has paid the full rent and waS issued an official receip. Surprisingly, three days after receiving his allocation letter, on getting to the shop to prepare his wares, the complainant discovered that the pad-lock on the door had been brolmi illegalI) and replaced with a different one. In addition, a wnriling notice was pas:cd on'the door - 'keep o f f , DPO WUSE: (Public Compiaints Commissipn, 1999:22).

According to Mr. E. E., all efforts put to prevail on the FCDA to get his shop bad failed although it was cor~firmed to him by the authority that the shop was his. He could n v ~ go to the police because a DPO was involved. Nor coul'd he gb to court for lack of rnoncy

The Commission oh receiving tllc con~ploinl swung into quick action. It first of :dl made enquiries at the FCDA to authenticate his allocation letter. .lt was confirmed that tht4 shop was officially allocated to him which he had paid for f~~ l ly . On the basis ol'tliis confirmation, the Commission contacted t l ~ c DPO. ~urpr i s in~ ly , without hesitation, he categorically denied seizing the complainant's shop. "Perhaps, it was a mix up and now that it has been cleared, Mr. E. E. could get possession of h i ~ ' ~ r o ~ e r t ~ back" the DPO expressed (Public Complaint Commission, lW9:22).

In conclusion, the complainant repossessed his shop immediately and later wrote r letter to the Comnlission expressing his appreciation and requested that his conlplaint b/ closed. I

Case No. Two: Protest Over Rretpature ~ o m ~ u l r o r ~ Retirement From Service Mr. C.J. A,, a staff of the judiciary Umuahia, wrote a letter to the Abia State Public Complaints Commission, alleging to 'have been retired prematurely from the Abia State judicial service on the 25Ih June, 1998, on the trumped up charge of misappropriation of funds totailihg 14,837.00. The complainant in his petition to the Commission stressed his i1;nocence and urged it to prevail on the Judicia! Service Commission to rescind its decisions on him.

The Commission on receiving this'petition forwarded it along with !he supportins . documents to the Chief Registrar, High Court of Justice, Umuahia. The Chief Registrar

~.rferrcd the Commission to the Judicial Service Committee, Uniuahia, which is the disciplinary body of the judiciary. A number of letters was written by the Commission to the jud~cial service committee impressing c'n:)n it the need to give Mr. C. J. A, a fair hearing since, in his letter, he a1 l e g d that he was denied the opportunity ofdefending himself against lhc charges leveled against, him (Public Complaint Commission, 1990: 24).

! Based on the ~ I U ~ I ~ ~ O U S letters'stated above, the Committee on the 26'" of February, 1 !'MI, summoned Mr. C.J .A. to apicar belbtc il in ordcr lo dckod hirnscl f. 'Thc Comwi ttcc

h d d hvo sittings on the case. "On the 26Ih of April, 1999, through a lettcr (liel'. JSCIS.l7/l I 1/32 1) -to the ~omhissior<, ,he' Director/Secretary of the judicial ~ e h i c c ('oli~n~irtec informed i t that ~ r . C, J.A. had been reinstated (vide their Icttcr No. JSCIS. lr7/1 1 1 /3 19 of 2"d March, 1999)" (Public Complaint Commission, 1009:24).

h e No. Thrce: Wrongful.Termination of Appointrncnt 1 11, lhs particular case, Mr. D.U.N., d staff of the Agency for Adult and Non-iormal I EJacstion, Uyo, lodged a acomplai~t to Akwa-lbom State Public Complaints Commission,

.~llcgiog that his appointment was maliciously teminated following his avowed I : Jclcrnlinalion to expose the very senior officers who perpetrated fraud and enlbez~lcmcnt

111 lhc Agency. According to.the Public~Complaints Gornmissio~~ (1 999:28):

Ironically, Mr. D.U'.N., became a victim of his own crusade. Instead of the government taking action against the fraudulent sfficials, the cd~n~lainant was unceremoniously removed from the

I service on the illusive'ground of public interest. He was not queried or warned for any wrong doing and there was no previous

I disciplinary action against him to warrant his removal.

i hr ('~milission on receiving the'complaint and all the related documents contacted the 4giilcy to explain why the complain'ant's appointment was terminated in the 'Public '

m x s t ' . The Agency immediately :rr*-ote the commission that it did not recommend the

5 0 NJSS, Vol. 2 No. I , 2003 1.. C . --*

cornphinant's ternination, Instead, it blamed the SecretarS; to the State Government who sent his letter of termination. Thereafter, the omm mission wiote the office of the Secretary h t

to the State Government for comments and, even paid 8 visit to the office for further ;tst

clariiication on the issue. Action on the case was delayed due l o chanyc of the Governor. The new Executiue'Govemor on assumption of office. directed that the complainant bc ,

reinstated. Following this directive and also a show ofappl-eciation to the Comniission by , the complainant, the chse was closed.

Case No. Four: Non-payment of Contract Money amounting to 36,000.00 ( ~ l h n j i , A. I

I<.) I '

Alhaji, A. K. lodged a complaint with thel~auchi State Public Complaint Commission 3 qllepinp that a contract was signed on 20th ~ e ~ t ' e m b & , ~ 1 9 9 ~ , between him and the Clerk to 1

thr House of Assembly, Bauchi State, in which the complainant was to supply two sets of ; f ~ l I iipholstery chairs to the clerk. But after the execution of the job, payment forthc cont~xrcl amounting lo the sum of 36,000.00 could not be effected due tolhe change of Governn~cnl in November, 1993 (Public Complaint Commission, 1999:34).

Thc Conlmission immediately wrote to the Clerk ofthe House for his conmcnts and endorsed a copy to the Secretary to the State Govermhent. Shortly afker, the complainan\ infonncd tlw Cotimission that part payncnt of twelve thousand naira ( 12,000.00) only was madc to him. I-lc also mentioned that furdwr arrangement was being made to scttlc thc remaining balance. This was alga confinned by the Secretary to the Government. After a period of time, the Comn~ission sent a reminder to the Clerk of the House'asking for the position of the remaining balance. The Commission la& received a letter pertaining the balance from the Secretary to the State Government who claimed that the complttinant namc L d been i~~cludeci Tor consideration in the list of 'BASHA' Liabilities submitted to the Honourable Commissioner for Finance for payment. I ' " Another letter was written to the complainant after a while, to find out i f thr. ,

remaining balancc had been paid to him. He wrote immediately to the Commission to express his appreciation and to inform it that the balance had been settled. Thc matter wa closed as succcssfi~l ly redressed.

In summary, the Commission has achieved sake results for thc benefit of ill complainant, and the society during its almost 28 years of cxistc~cz. This can bc set!?

the n~any cases satisfactorily resolved by the Commission. It was able to achieve tl~cse liest/ at no financiil cost to the c&nplainants~ as the comm'ission does not charge any fecs For i i services. It is imbortant to state that unlike thecourts whibhdeal only with issues of legalit1 the Public Complaints Commissioner can look into c lyrgh bothering on morals such 4

. . public oMicers being rude, brutal, el celera.

11 was no surprisc therefofe, that g Fcirmer,vice-president ofNigeria, while declaring lhc ,1992 Annual National Conference opthe , Public . Complaints Co~nnlissioners openly, asstrtcd:

'I'here can be no better w ~ y ,of adminislcring juslicu at lhc grassroots for citizens. who. call ill-afford the colossal fecs , . demanded by lawyers. The Public Con~plaints Commission's role has more than enviably Complemented the efforts of our courts in ensuring that justice is not only done but seen to be done in the society.

I he i~se ofpcisuasion and appeal to people's c~nscieilce by the Commission mike the panics lo iI ilispt~tc to go out and continue 10 live-as fiigrcls ~ ~ n d not LIS L'IICIII.ICS. . .

/

('rilicisms of The Cornmiision's ~ e ; f 6 r ~ a n c e .Solilc of its achievhents not tvithstanding,, overall, the commission cwnot be said to have ~ l ~ i l e a laudablc achievement since its cstathshment. This can be seen, from the sillall numhcr of cascs to received each year - 10,023,9,864,9,567,9,452, 1 I , 147, and 1 I , 832, h i 111cycnrs 1995,1996,1997, 199% 1999,and 2000 respectively. Equally important is thc tlo\\wslrrl trend in thc number of' cases received by the commission tluriig thc abovc: 111otionc3t years, except for the years lN9 and 2000. The small number of crises rcceiveci

11). I I K conmission can be attributed Po inadequate publicity of its cxistcncc,'functions and pa\vcrs. .

Equally very disturbing is the large number of pending cases or complaints as shown is 'lhble I . In fact, the pending cases are by far greater in number than the cases sbtisLc~orily I C S O ? \ ' L ' ~ by :hc con~mission . . , ! . 4

I'roblems and Challenges . .

Ikspitc its achievements, the Public Cowplaints Commission is faced with a number of' . ~~roblerns which constrain its operations.

Ttlc unimpressive performancetof the commission is attributable to a numbcr of' problcms which constrain its operation.

Firs\ the inability or failure of the.con~plainant to supply a11 the relevant documents in y s p w of his complaint;

Second failure to contact the respondent on time, which could be caused by lack of sffcctive communication system like the telephone, slow postal services or inadcquatc trmport system' to effecflfacilitate an an-the-spot investigation (Public Complaint C'o~nniission 1995:2);

Third is non-cooperation of most ministries, departments and agencies of government \\hose cases were brought before the Commission. This uncooperative behaviour was

, ,

5 2 N,ISS, Vol. 2 No. 1, 2003 b

encouraged by tlie fact that where the officials of these ministries or departments failcd to comply with ilia orders of the Commission to give inronnation or produce evidence, they werc rarely prosecuted (Og.unna, 1999:475). I

Fourth, the Commission also suffers from inadequate publicity of itsexistencc, Cunctions and pwcrs. In otlicr words, thcre is poor or limited public knowledge of the existence, , responsibilities, pgwers and even modus opbmndi of th~conimission. Fifth. there is the piublem of inadequate fundi& of the ~ommissioo. This has prevented thc ' Commission from procuring enough operational equipments such as vehicles for on-thc-spo~ investigstion, commi~nication equipmcnts and other facilities ne'cessary for tlie perforniance of the Conimission's dutics. I

Sixth, tliere is also the problem of limited powers which sometinies do not allow thr Comniission to reverse ulijust administrative decisiqns or enforce its decisions. Seventh, corruption among sonie officials of tlie commission which prevcnts thcm froti 1 being honest in the perforniance of their functions.. I

Finally, there is die problem of paucity of well tiained' personnel needed for cffectivi pcrfoniiance of tlie Coinniission's duties and responsibilities.

I I I 1

Conclusio~~ and Itecqtnmendations i i So Fir in this chaptcr, wc havc examined the role of the.Public Con~plaints Conmiss io~~ 11

cnsuring administrative responsibility in Nigeria. The Commi.ssion has to sonie extent arte I 4

I as a watchdog against injustice by eiisuring that the fui~damental hunian rights ofthccitizcn. i arc respected. The activities ofthe Commission has to some extent a salutary psycllologic~ f effcct n!i ~ovcrnnient officials who arc conscious of its'existence. Indeed, the existence c . the Ombudsn~an constantly reminds public oficiaIs ofwhai i'he iaw requires. "Tliis provide a constant and healtliy influence on the manner in which public servants excrcise the1 I duties". (Andren, 12)62:821). We also identifitd some of the problems conlrontinp th ' ' Cu~anlission such as tlic large number of pending cares or complaints; inadequate publici( 11 of its existaice, functions and powers, limited powers ofthe commission; corruption anon

I

i l c ~wnhlc~ns. wc reconinicnd as follows;- '

I soin:. ollicials or tlic co~nmission and paucity of yell trained,personnel. To snabie , O V C I L U I * , ~ I." p.r - . , ,

Flrst, thel-c is an urgcnt i~ccd for the Conin~ission to embark on nn ietensivc ;ml we X I

planncd public c~ilighrcmncnt prowam~ne to creala iwareness not only of its cxistcncf I

responsibilities and powers but also its modus opcm~?c!i. This c:~n bccarriccl out through 11 mass mcdia, pamphlets, et cetcra.

i 1

~ecobd , govcramcnt sliould ailend as a matter of urgency, Decree No. 3 1 of 1975 I 1 allow the Con~niission investigate some cases under the "no go area". It is regrcttablc 111 4

the armed forces including the police presently shielded from the work o f the Conimission , rop h e list o r violators o f human rights in Nigeria.

Third, the Commission should be adequately funded to enable it perfonk~ its functions cl'lkcl~vely.

I:our~h, trainillgopportunities should bqprwided by the management o f the Commiss io~l fbr its staff to equip them with the necessary skills necded for effective perfoi-mance o f their Il~nctions.

Flrally, government should improde the conditions ofservice o f s t a f fo f the Commission h t h as a strategy toward encouraging higher productivity and also disco&-aging corruption .111iong !he staff o f the Commission. .

. ' .

Itc!'urcnces \lludusnlnmi, A. (1 998). "~ccountrrbi l i t~ and Pdicy Making in the Local C;overnrnent System" in

Ohisi, I.N. and Yaqub, N.O. (eds.) ~ o c a l Gover~z~r~er,f I-'olicy Malting ard E.uecuf;on in Nigeriu. Ibadan: Sam Bookman Publi'shers.

:\ii~lrcn, N. (1 962). "The Swcdish Ombudsman". Anglo-Swedish Review. Andren, N. (1962). "'Thc Swctlisli Ol'ficc of Ombudsn~an". A411tricipai Review. No. 396.

Mmncy , J . U. and C, 11. Lawrencem.(1979). Public ilrl~~~ini.slrtrliot~: 12ulu1rci11g Powcr utrd i l~~t~or~~rtal i i i ty . 021' park, lllinois: MO& ~ u b l i s h i n ~ C o . Inc.

\lL!ro, !:clix and L. Nigm ( 1973). Modern &biic Aci~rrinisfr.trtion. New York: Harper and Row I't~blishcrs.

c )gun~n. A.!:.C:. ( 1 999 j. Pllhlic ~ci~ninisfraribti in Nigeritr: Theory ( m i Practice. Owerri: Greal . Vcrsatilc ~ubiisfiers Ltd.

I'chllc, ('ompluin~ Con~n~ission (1995), 201" ~ i i n u a l Report, Abuja: Federal Government Printer. !'d)lic ('o~nplaints Co~nmission ! 1996). 21" Anhual Report. A b ~ ~ j n : Federal Ciovemmenr printer. l'i:Nrc C'o!iiplaints Commission ( 1997). 22nd Annual Report. Abuju: Fcdcral Govelnmcnt IJrintcr. L'.hllc ('o~nplaints Conlrnission (1999).. 24th ~ n n u a l Kepor!. Abuju: Federal Government I'rintcr. I'uldic ('oniplaints Commission (2002). .25th Annual Rcporl. Ahja: Fcdcriil Govcrnrncnl I'rinler. I'uhl~c ('omplaints Commission (1998). 23": Annual Report, Abujn: Fcdcral Governmcnt I'rintcr. I'cild~i. r'on~plaints Cornmission ~ e c r e e , ' ~ o . 3,1, 1975. I(O\L.IHII;II. A . II'. (1 9G4.). T11e 01nbudsman .- Swedish. Grievancc Man". Pllhlic Adtrrinisrrcrriorr

ILw' l~\~~. Vol. . 24. 2 .