The Role Of The Public Complaints Commission In Protecting Worker’s Rights Against Administrative Injustice And Maladministration In Nigeria

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The Role Of The Public Complaints Commission In Protecting Worker’s Rights Against Administrative Injustice And Maladministration In Nigeria


Abstract


This research project is titled “The Role of the Public Complaints Commission in Protecting Worker’s Rights against Administrative Injustice and Maladministration in Nigeria”. The research work has been prompted by the observation made on the decline in the discharge of its roles in some state offices of the Commission, despite overall achievement of organizational target.

The main purpose of this research therefore was to find out what must have been responsible for the decline. To achieve this, data were collected and interview conducted. In the data collected, simple descriptive presentations in Annual reports were consulted. In the course of this research, findings revealed that limitations of the Act have made a negative impact on the performance of Commission’s staff, but that the staff encounters problems while carrying out their respective jobs.

Responses also revealed that the Commission needs to continually conduct training programmes especially on investigation, as that will boost staff performance. Finally, the argument in this work is that, although the PCC has recorded some achievements regarding the discharge of its mandate from the time of its inception to date, it might not be rated high on its score board. In this regard, (the researcher/study) have made recommendations that will have far reaching significance and they are sure to make the commission more focused, more robust and more dynamic, if they are judiciously implemented.


Table of Contents


  • Table of Contents
  • Table of Cases
  • Table of Tables
  • Table of Statutes
  • Abstract

Chapter One:

General Introduction

  • 1.1 Background
  • 1.2 Statement of problem
  • 1.3 Objectives of the research
  • 1.4 Scope of the research work
  • 1.5 Significance of the study
  • 1.6 Methodology
  • 1.7 Literature Review
  • 1.8 Structural Organization of the Research

Chapter Two:

Historical Background of the Public Complaints Commission

  • 2.1 Introduction
  • 2.2 Clarification of Key Concepts
  • 2.3 Spread of Idea of Ombudsman
  • 2.4 History and Origin of Public Complaints Commission
  • 2.5 Objectives of the Public Complaints Commission Under the Law in Nigeria
  • 2.6 Nature and Characteristics of Public Complaints: A Comparative Study
  • 2.7 Functions of Public Complaints Commission in Nigeria
  • 2.8 Emerging Trends

Chapter Three:

Structure, Practice and Procedure of the Public Complaints Commission Under the act in Nigeria

  • 3.1 The Structure of the Commission
  • 3.1.1 Headquarters and States Branches
  • 3.1.2 Appointment
  • 3.1.3 Jurisdiction
  • 3.1.4 Establishment
  • 3.2 Practice and Procedures for the Commission
  • 3.2.1 Procedures for Lodging Complaints and Investigation
  • 3.2.2 Practice, Offences and Penalties
  • 3.2.3 Treating of Complaints
  • 3.2.4 Recommendations and Implementation of Decision
  • 3.2.5 Procedure and Anatomy of Cases
  • 3.2.6 Timeliness
  • 3.3 Chief Commissioner, State Commissioners and Others
  • 3.3.1 Tenure
  • 3.3.2 Composition
  • 3.3.3 Salaries
  • 3.3.4 Appeals

Chapter Four:

Subject Matters Decided by the Public Complaints Commission

  • 4.1 Introduction
  • 4.2 Examination of some Cases Decided by the Public Complaints Commission
  • 4.2.1 Federal Cases
  • 4.2.2 State Cases
  • 4.2.3 Cases against Local Government Authority
  • 4.2.4 Public Corporation Cases
  • 4.2.5 Private Organizations
  • 4.2.6 Cases against Individual
  • 4.3 Strengths and Weaknesses of the Public Complaints Commission Act
  • 4.3.1 Strengths
  • 4.3.2 Weaknesses
  • 4.3.3 Success and Problems of Public Complaints Commission in Achieving its Goals
  • 4.3.4 The Role of Public Complaints Commission and the Regular Courts

Chapter Five:

Overview of Ombudsman Institutions in Some Jurisdictions

  • 5.1 Introduction
  • 5.2 Functions/Duties of the Ombudsman
  • 5.2.1 Operation of Ombudsman
  • 5.3 An Overview of Ombudsman Institution in Other Jurisdictions
  • 5.3.1 Australia
  • 5.3.2 New Zealand
  • 5.3.3 Ombudsman in Bangladesh
  • 5.3.4 South Africa
  • 5.3.5 Tanzania
  • 5.4 Effect of Jurisdictional Limitation on Performance of The Commission in Nigeria

Chapter Six:

Conclusion and Recommendations

  • 6.1 Conclusion
  • 6.2 Observations
  • 6.3 Recommendations
  • 6.3.1 Amendment of some problem sections
  • 6.3.2 Power to Enforcement
  • 6.3.3 To Improve Financial Allocation
  • 6.3.4 Provision of modern equipments and e-complaint devices
  • 6.3.5 Re-visiting Qualification of the Commissioners
  • 6.3.6 Establishment of Public Complaints Commission in all Government Establishment
  • 6.3.7 Enhancement of condition of service
  • 6.3.8 Maintenance of good working relationship with similar Agencies
  • 6.3.9 Need for periodic review of strategic plan of action
  • Bibliography

Chapter One


General Introduction

1.1 Background

Hon. Chief Justice J.V. Milvain of the trial division of the Supreme court of Albarat, Canada delivering judgement on 6th January 1990 in the case of “Feldbrugge V. Netherland A/100/1986 where the complainant was refused the payment of his social benefit after he fell sick and was retired as a result of ill health – held that the right to continue to receive benefit after sickness is valid under the law of insurance and should apply. In the Court of Human Right, UK Parliamentary ombudsman Re: Ombudsman Act Canada captured the basic purpose for the establishment of the ombudsman when he said… the basic purpose of an ombudsman is the provision of a watchdog designed to look into the entire working of administrative laws…” 1

Therefore, the worldwide popularity of the Ombudsman Institution as a significant part of contemporary governance is certain without question. A research conducted by Dr. V. Ayeni of the Commonwealth Secretariat revealed that at the end of 1999, at least 102 countries had established the office at governmental level worldwide. Within the commonwealth, 38 of its 54 members now have an Ombudsman office including its four developed countries and 22 of the 32 so-called small states including Botswana. Presently, 29 of Africa’s 54 countries have governmental Ombudsman offices2.


1.2 Statement Of The Problem

The ombudsman is one of the most effective Alternative Dispute Resolution institutions in the country, charged with the specialized task of redressing administrative injustices. Like all other institutions the commission is expected to operate within a specified statutory “locus” called jurisdiction as provided by section 5 and limited by section 6 of the Public Complaints Commission’s Act.3 Has the jurisdictional provision covered adequately the whole field of administration where injustices are on daily basis meted to the citizenry? Is the limitation on jurisdiction so wide that the effective performance of the commission can hardly be achieved?

Lastly, could it be that the effective performance of the Commission does not hinged on adequate funding alone but in addition, depends on adequate, qualified, trained and motivated manpower who are engaged on research,  monitoring  and  evaluation  of  the  overall  performance  of  the Commission?

1.3 Objectives Of The Research

The objectives of the research work are an attempt to:

  1. Examine the law in the Public Complaints Commission Act and other relevant laws.
  2. Examine the application of the Public Complaints Commission Act for protection of worker’s rights against maladministration in Nigeria.
  3. Highlight some factors militating against the effectiveness of the Public Complaints Commission.
  4. Provide recommendations, amendments and better ways of protecting worker’s rights.

1.4 Scope Of The Research Work

This research work is intended to cover the objectives, structure and characteristics of the ombudsman. The work covers also the strengths and weaknesses as well as some decided cases by the commission in performing its duties and historical overview of the ombudsman institution in Nigeria and other jurisdictions to compare the roles of Public Complaints Commission, the court, the National Assembly, Public Petition Committee and make recommendation where necessary.


1.5 Significance Of The Study

The research is significant in the sense that it will:

  1. Promote social justice for individual citizen without which there can hardly be genuine peace and stability in Nigeria.
  2. Educate and enlighten the general public on the viable options available for redressing grievances against administrative injustice arising from bureaucratic errors, omission or abuse by officials of government or limited liability companies in Nigeria.
  3. Improve administration of the Public Complaints Commission by pointing out some weaknesses observed in its law, procedures, practices, rules and regulation for standards of behaviour for officials.

1.6 Methodology

In collecting the information leading to this research work, combinations of methods were used. Both primary data obtained from respondent via interviews and secondary data via Arm chair research i.e. use of library. However, one must place on record that majority of the data used were obtained from secondary sources.

The empirical and doctrinal research methods. Interviews were conducted and questionnaires were administered. Reference will be made to journals, annual reports, newsletters, magazines and textbooks.


1.7 Literature Review

The major thrust of literature review for my research is to highlight and evaluate relevant literature or studies relating to my study. The central theme of this study is to examine the role of the Public Complaints Commission in Protecting Worker’s Rights against Administrative Injustice and Maladministration in Nigeria. Scholars and practitioners have made contributions on the Ombudsman Institutions in many parts of the world.

The Wikipedia (2011) transmitted that an indigenous Danish Norwegian, and Swedish term, Ombudsman is etymologically rooted in the old word, essentially meaning “representative”. An Ombudsman is an official usually appointed by the government or parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.4

The Wikipedia, 2011 further showed that the major advantage of an Ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interests inherent in self-policing.5 That the Ombudsman Institutions are established the world over to promote social justice thereby curbing the menace of administrative injustice and maladministration of government officials. As relevant as this work is to the present study it is not specific on Nigeria ombudsman and maladministration which is the main thrust of my scope of research.

Bowless opined that the role of Public Complaints Commission in most countries is justified as thus:

A number of cases have established principles of general importance… A greater number has concerned matters which, while no great public moments, were nevertheless of very real importance to the individuals concerned. In its concern for the latter, the office of Ombudsman is fulfilling one of its important and basic functions.

From Bowless point of view, Ombudsman Institutions have solved quite a number of cases in dispensing justice and have over the years been able to fulfil one of its important basic functions which is to promote harmony and peaceful coexistence. Like wikipedia’s work above, Bowless work is not specific on the rights of workers which is the concern of my study.

Odunsi, Bennett in his book “The Role of the Ombudsman in Nigeria; redress of Grievances” reviews the Nigerian legal tradition before and after the advent of the British Colonial Administration. Odunsi argues that after gaining independence from British Colonial Rule, the Nigerian government did not deviate from the established practice of the colonial administration in relation to the protection of the rights of the citizens. He further asserts that the only available channel for citizens to challenge arbitrary and capricious action of administrative officials is the ordinary Courts of Law. Justice in administrative areas under this arrangement often seems slow and wanting. Therefore, the military government instituted a commission of enquiry to analyse and find ways to improve the situation of the Ombudsman in 1975, the Murtala Military

Administration established the Public Complaints Commission (PCC) as a supplement to the Court system to correct flagrant disregard of basic standards of human rights by administrative officials.7

Odunsi submitted that during the 8 years of its existence, the Public Complaints Commission has resolved an average of 1526 cases annually, and a comparative analysis of the activities of the Ombudsman in other countries suggests that the Nigerian Public Complaints Commission has resolved at least a respectable number of cases. Furthermore, a review of testimony by citizens also indicates that some sections of the population have come to recognise the activities of Public Complaints Commission. On the whole, the Public Complaints Commission appears to have achieved some degree of success. This work has been found very related to my study although it is neither specific on the rights of Nigerian workers nor is it on examination of the recent situation in Nigeria with respect to maladministration.

The book “Nigeria Administrative Law” by Oluyede is another important source of literature. The author had extensively dealt with the institution of ombudsman tracing its history and evolution while showing the relevance of the institution considering its powers, jurisdictions and functions. He has painstakingly examined the success and achievements of the institution from inception and had thus concluded that although the success story of ombudsman in Nigeria is encouraging a lot more is needed to strengthen its capacity to achieve its mandate as promoter and defender of social justice.

While Oluyede’s book is of tremendous significance to this study its limitation lies in the fact that it did not consider contemporary emerging issues and specifically the rights of Nigerian worker.

From the foregoing, we have seen that empirical studies on the role of Public Complaints Commission are numerous as there are several scholars and professionals  from diverse  fields of  human endeavours  who  contributed towards enhancing the performance of the Ombudsman institutions. However, very few writers among them laid much emphasis on Public Complaints Commission and maladministration. On this note, most literatures including the works of Heidenheimer Arnold, Le vine Victor and Robert Price have tend to fuse the concept of maladministration with that of corruption.  Arnold for example, in his book “Political Corruption” has this to say:

A public official is corrupt if he accept money‘s worth for doing something that he is under duty to do anyway, that he is under duty no to do or exercise a legitimate discretion for improper reason. Hence the concept of corruption and maladministration therefore differs but many scholars have misunderstood them” 8


1.8 Structural Organisation Of The Research

The structural organisation of this research is divided into five chapters.

Chapter one deals with the general introduction of the essay, while the sub-chapters deal with the aims and objectives and the scope of research work. Under same chapter, the work discussed the methodology of the research elucidating on the type of sources and nature of the research materials.

Literature on the idea, concept and dynamism of the ombudsman were highlighted. The chapter was concluded by a narration on the structural organisation of the research work.

Chapter two deals with background analysis of the Public Complaints Commission. It started by conceptualising and giving meaning to the phrase “Public Complaints Commission” its organ and legal basis, its nature, practice, salary and appeals. Chapter four is the assessment of the performance of the commission in the area of receiving and disposal of complaints in the face of legal limitations that face it and jurisdictional subject matter and its roles. Chapter five deals with an overview of “ombudsman institution.” Chapter six is the recommendation and conclusion of the research work towards an effective complaint handling and resolution for the attainment of social justice.


Chapter Six


Conclusion And Recommendations

6.1 Conclusion

The aim of this chapter is to conclude what has been discussed in the previous chapters, make some observations and finally offer some recommendations with a view to improving the activities/functions of the Public Complaints Commission in relation to protecting workers rights in Nigeria and guarding against maladministration.

There is no doubt that the draftmanship of the Public Complaints Commission Act, set out to achieve certain objectives germane to the general theme of justice and fairness. One of the most active judicial icons during the making of the Act was Hon. Justice Mohammed Bello who later became the Chief Justice of Nigeria. At a conference for appellate judges in Abuja in 1992, the learned Justice provided an insight into the meaning of ‘justice’ when he said: “Judges should excel by giving essence to justice which is to give a person what is lawfully due to him; to compel him to do what the law obliges him to do”.

Earlier than 1992, various philosophers have spoken about ‘the rule of law as opposed to rule of man. Hence, the concept of legal justice became prominent. But the dynamism of the society brought with it the concept of ‘substantial justice’ which is larger than ‘legal justice’. The Alternative Dispute Resolution (ADR) mechanism is consequently gaining prominence. Abraham Lincoln, one of the greatest presidents of the United States of America once spoke in favour of out-of-court settlement of disputes as a means of achieving justice. “…discourage litigation, persuade your neighbours to compromise whenever you can point out to them how nominal winner is often a real life loser in fees, expense and waste of time…”

Therefore to the extent that the Public Complaints Commission is vested with the powers to inquire into complaints by members of the public concerning administrative action or in action of the public authorities and companies and their officials, it can be said that its main objective is to achieve justice outside the corridors of the courts of law.

Like any other formal organization, the Ombudsman institution in Nigeria is not different from other parts of the world except that areas of coverage and level of advancement of Ombudspersons may differ significantly. However, the Nigerian Public Complaints Commission has made its impact known in Nigeria by relatively showing its usefulness to a section of the populace, who have patronized its services. The Commission has afforded the ordinary citizen and resident easy access to justice, and at very minimal or low cost. The Commission also uses simple methods in resolving disputes as opposed to the technical ways being observed by the court of law.

The Commission all over the world have laid down structures with many departments and units, such as Administration, Finance, Investigation and Account units are positioned well so as to enable it strive as a constructive means of thorough examination of Public Complaints, investigate and make recommendations for the good of the citizens, such that the ombudsman institution becomes a veritable instrument for re-assuring the public of the social justice and concern of the government for the welfare of the people. Therefore, the establishment of the Public Complaints Commission by the government is an objective germane to the general theme of justice and fairness outside the corridors of the courts of law.


6.2 Observations

In the foregoing chapters of this research and in the course of the study we came across some important issues that need further consideration. Some of these issues are hereby presented in the nature of observations.

(a) That the jurisdiction of the Commission has been limited by section 6 of the Public Complaint Commission Act and is seen as serious clog in the wheel of the Commission’s effort to perform and consolidate the gains of its achievements. Restricting the Commission’s power to investigate actions done or purported to be done by members of the Armed Forces or the Police constitute big affront to attainment of social justice. It is a serious derogation to limit the powers of the Commission and to shut its search light concerning matters affecting the right of staff in the discharge of their responsibility, particularly where there is glaring gross maladministration and abuse of human rights.

The situation in Nigeria is quite contrary to what obtains in other advanced democracies like the United Kingdom and the United States of America where such limitation is not placed on the institution of ombudsman.

However, it is impressive to note that, notwithstanding the limitation, the Nigerian ombudsman had been very brave and forthcoming in the sense that, on a number of cases, it had cause to handle cases affecting members of the police or the armed forces. For instance, the 1980 Annual report of Public Complaint Commission, Ondo State indicated that in that year alone, the Commission handled 14 cases affecting the Nigerian Police, 8 cases affecting Nigerian Army and 1 case affecting Air force.1

(b) Secondly, the powers and functions of Public Complaints Commission are impeded by the fact that, the Commission lacks the coercive power to enforce its decision or to make its recommendations binding. A situation where the Commission’s recommendations are enforced or complied with at the wishes of the parties is to say the least, is reducing the Commission to the status of a toothless bull dog. Once it cannot make its recommendations binding on the parties, then it is certain that the Commission will be failing in the discharge of its primary function of providing impartial investigations through actions or inactions of ministries, companies or other similar agencies.

(c) It has been observed in the course of this research that one of the major challenges and or problems facing the Public Complaint Commission is lack of sufficient funds for the execution of its statutory duties. The fund being allocated to the Commission is inadequate considering the onerous duties it is expected to perform. Infact, insufficient funding will always be a major cause of setback in the effective and efficient performance of the Commission’s mandate.

(d) In this age of information and communications technology (ICT) there is no gainsaying that any government agency or organisation that is not e-compliant will not be able to keep pace with the growing modern challenges. The challenges being posed by modern technology are too important to be ignored. Therefore, for the Public Complaint Commission to squarely handle its mandate well, it is time to move away from the traditional means of lodging complaint and dispensing cases brought to it and imbibe the changes brought by modern technology. In the absence of electronic devices and ICT facilities, how can the Commission effectively handle its function of enlightening the public, investigating cases and other issues associated with its own mandate.

(e) Considering the role of the Public Complaint Commission as a defender of rights and maintaining social justice as well as its position/status as a quasi-judicial institution, it is not healthy to liberalise or allow for membership or appointment of public commissioner without due regard to the nature of the commissions mandate. In fact, there seems to be no minimum qualification fixed by the Public Complaints Commission Act on the person who to shall be appointed a public Complaint commissioner. This, in my opinion is a serious lapse on the part of the Act. Section 2(1) of the Act only provides for persons of proven integrity or such other qualification as the National Assembly may determine.

(f) It has been observed in the course of this research that the conditions of service of both the commissioners and other staff of the Public Complaint Commission need serious improvement. The general working conditions of the staff of the Commission is not commensurate with the kind of duty being expected of them. Actually, nothing significant will be achieved where a staff is working under difficult working conditions and economic hardship.

(g) From the records of Public Complaint Commission’s handling of cases, there is apparent lack of proper collaboration and harmonious working relationship with agencies having mandate similar to that of the Commission. Agencies like Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other Related Offences Commission (ICPC), Code of Conduct Bureau (CCB) are supposed to be partners in progress with Public Complaint Commission (PCC) as well as complementing bodies in the fight against corruption and other similar vices.

(h) It has been observed that the Public Complaint Commission has no plan of action in the nature of strategic plan of action which will guide the operations of the Commissions for the future. In this time of diverse opportunities and challenges posed by globalisation, it is necessary that an institution such as the Public Complaint Commission should have a strategic plan that will help it review at reasonable intervals, its areas of strength, weaknesses, opportunities and plans for the future.


6.3 Recommendations

The above observations provide a clear picture of some important issues in relation to the entire work, to the extent that, recommendations are necessary in order to help in addressing them. To achieve the objective of addressing such important issues for an enhanced performance by the Public Complaint Commission, the following recommendations are hereby made:

6.3.1 Amendment of some problem sections

In order to allow for a better appreciation of the role of Public Complaint Commission and a more effective performance, section 6 (1) (2) & (3) of the Public Complaints Commission Act should be amended to remove all unnecessary restrictions placed by the section on the powers of the Commission. This recommendation is more pronounced in relation to section 6 (d) & (e) which oust the competence of the Commission to investigate any matter relating to anything done or purported to be done by officers of the armed forces and the police or that a complainant must have exhausted all available legal and administrative procedure before his complaint is entertained by the Commission. These sub-sections i.e. 6 (d & e) are sure to stand as obstacles in the wheel of the Public Complaint Commission’s smooth operation.

6.3.2 Power to Enforcement

In order not to render the Public Complaint Commission as a toothless bull dog that can only bark but can’t bite, it is hereby recommended that its decisions should be made enforceable and binding on the parties. The fact that the Commission is a watch dog for social justice and promoter of peaceful conduct of state affairs, it is necessary to equip it with the necessary administrative wherewithal to be able to make its decisions binding. It shall be given the power to prosecute and follow its cases to logical conclusions before some designated high courts similar to the law and practice governing the conduct of Economic and Financial Crimes Commission (EFCC). This will further make the Commission achieve its vision statement of ensuring the protection of the vulnerable individuals against administrative injustice which it is irrevocably committed to. Presently, a great many Nigerians have continued to show more interest and confidence in the work of the Commission and if given the necessary support and cooperation, it will achieve its goal.

6.3.3 To Improve Financial Allocation

Lack of sufficient funds allocation by the Federal Government to the Commission has no doubt constituted a cog in the wheel of the Commission’s work and progress due to for example lack of adequate operational vehicles to move round the country for investigation. This has also affected the training of its personnel especially investigating officers who need to update their skills and knowledge for optimal performance. It is therefore recommended that government should improve on the financial allocation to the Commission for optimal performance of the commission.

6.3.4 Provision of modern equipments and e-complaint devices

Manual complaints requiring signature and thumb print of the complainants should continued. But with development and advancement in the current electronic trends and other equipments, the electronic means of lodging complaints though the internet and other related devices should be accepted and given due consideration among other things. This is an idea for future consideration knowing that the Commission is established by law with structure and wherewithal to investigate and address grievances of the people. It should therefore be enabled properly with modern equipment to reach out to the people it is aimed to serve.

6.3.5 Re-visiting Qualification of the Commissioners

In view of the onerous and unique duties of the Commission particularly its role of protecting the vulnerable individuals against administrative injustice, it is expedient and preferable that the minimum qualification for appointment as commissioner of Public Complaint Commission shall be retired judicial officer or a person of equivalent rank in the armed forces, police or para-military, provided that the chief commissioner shall always be a retired justice of the Court of Appeal or Supreme Court.

6.3.6 Establishment of Public Complaints Commission in all Government Establishments

There should also be Public Complaints Commission workers in all the service compact units (Servicom) in government establishments including public hospitals where patient’s complaints would equally be entertained. Also as practiced in Australia, the Nigerian Public Complaints Commission should see the police as one major collaborative unit where criminal offences would be closely monitored thereby ensuring that appropriate measures are being taken.

6.3.7 Enhancement of condition of service

The Commissioners and the staff of the public Complaints Commission should be paid better salaries to avoid temptation and ensure that the staff work in environment devoid of hardship.

6.3.8 Maintenance of good working relationship with similar Agencies

It is important for the Public Complaints Commission to maintain cordial and good working relationship with other organizations like the Independent Corrupt Practices and other Related Offences Commission (ICPC), Economic and Financial Crimes Commission (EFCC) and Code of Conduct Bureau. This partnership will impact positively on the Commission especially in the fight against corruption which has done a lot of harm to the National Economy.

6.3.9 Need for periodic review of strategic plan of action

Finally, it is hereby recommended that the Public Complaints Commission should also make concerted efforts towards designing new strategic plan for specific period of time say 2011 – 2013 which will guide the direction of its activities for the next three years and beyond and to ensure a review after every 3 years so as to ensure improvement in timeliness of complaint handling processes are sustained.


The Role Of The Public Complaints Commission In Protecting Worker’s Rights Against Administrative Injustice And Maladministration In Nigeria


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