THE ROLE OF THE PUBLIC COMPLAINTS COMMISSION IN PROTECTING WORKER’S RIGHTS AGAINST ADMINISTRATIVE INJUSTICE AND MALADMINISTRATION IN NIGERIA

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 6^th 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(1970) 10 ADR (3^RD) 47

• Ayeni S. K… Public Protector Ombudsman in Botswana, Commonwealth Secretariat, London (2000) P. 1

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From the above premise vis-a-vis the goal of ombudsman, the decision to establish it in Nigeria cannot be overemphasized. It was established in 1975 with specific power and limitations. The journey so far (i.e. 1975 to 2011) is it worth the trouble and the resources invested. Has the limitation of its jurisdiction militated against its effective performance? What areas need to be addressed in the commission’s Act for achievement of better results? These and other unraised issues is what the whole of this project addresses.

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

• Public Complaints Commission Act Cap 37 Laws of the Federation of Nigeria, 2004.

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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.

• Examine the application of the Public Complaints Commission Act for protection of worker’s rights against maladministration in Nigeria.

• Highlight some factors militating against the effectiveness of the Public Complaints Commission.

• Provide recommendations, amendments and better ways of protecting worker’s rights.

THE ROLE OF THE PUBLIC COMPLAINTS COMMISSION IN PROTECTING WORKER’S RIGHTS AGAINST ADMINISTRATIVE INJUSTICE AND MALADMINISTRATION IN NIGERIA