The Role of the Public Complaints Commission in Ensuring Administrative Responsibility in Nigeria

CONTRIBUTOR: CHIBUEZE JAMES ESQ

Introduction

The Public Complaints Commission (PCC) is the machinery for the control of administrative excesses (non-adherence to procedures or abuse of law).^[1] It is an organ of the government set up to redress complaints lodged by aggrieved citizens or residents in Nigeria against administrative injustice.^[2] It is seen as an agency of the Federal government of Nigeria under the Presidency which acts as an Ombudsman that receives complaints of the citizenry against the government or private institutions/organization or their officials and wades in to settle issues.^[3]

The work will explore the function and significance of the PCC, commonly referred to as the “Ombudsman” in Nigeria. The discussion will focus on how the PCC addresses administrative injustices and malpractices within government institutions and agencies. It will highlight the mechanisms employed by the PCC to resolve complaints lodged by citizens against public institutions, the scope of its powers, and its impact on promoting transparency, accountability, and adherence to the rule of law in public administration.

The Public Complaints Commission

The Federal Government established the Nigeria Ombudsman now known as the PCC under Decree No. 31 of 1975 with the intention of drastically reducing the accumulation of administrative injustices meted out to public officials.^[4] When Nigeria established the PCC in October 1975 with a nation-wide network of offices, it became the first West African country to set up such a system, and the largest federal government to have it at national and state levels.^[5]

The use of the term “ombudsman” in its modern sense began in Sweden with the Swedish Parliamentary Ombudsman instituted by the Instrument of Government of 1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch,^[6] and it means a representative or officer or spokesperson. ^[7] Thus, it is not a term that is peculiar to only Nigeria or that originated from Nigeria.

Some authors have given their view on the definition of the term. For example, DC Rowat defines ombudsman as an independent and politically neutral officer of the legislature who receives and investigates complaints from the public against administrative Review of Public Administration and management action and who has the power to criticize and publicise and order the reverse of such action.^[8]

Also, Ugbe opined that the ombudsman is by no means, a super administrator empowered to overturn every error and to produce correct answers to all the difficult questions that confront modern government.^[9]

Legal Framework for the Public Complaints Commission

The PCC was established by the Public Complaints Commission Act 1975.^[10] The Act vested it with wide powers to inquire into complaints by members of the public concerning the administrative action of any public authority and companies or their officials.^[11] The Chief Commissioner of the PCC and other Commissioners shall be appointed by the National Assembly and shall be persons of proven integrity and shall possess such other qualifications as the National Assembly may determine.^[12] The Chief Commissioner has the power to appoint other additional officers or servants not being Commissioners, to assist them in the discharge of their functions under the Act.^[13]

A Commissioner has the power to investigate either on his own volition or following a complaint lodged before him by any other person, any administrative action taken by:

1. any Department or Ministry of the Federal or any State Government;
2. any Department of any local government authority (howsoever designated) set up in any State in the Federation;
3. any statutory corporation or public institution set up by any Government in Nigeria;
4. any company incorporated under or pursuant to the Companies and Allied Matters Act whether owned by any Government aforesaid or by private individuals in Nigeria or otherwise howsoever; or
5. any officer or servant of any of the aforementioned bodies.^[14]

Types of Complaints Received by the Commission^[15]

1. Delay in the payment of gratuities, compensation for land acquisitions, and other entitlements.
2. Non-payment for goods supplied or services rendered to government agencies and corporate entities.
3. Unlawful termination of employment or wrongful dismissal.
4. Challenges in obtaining payment of claims from insurance companies.
5. Failure to issue letters of appointment or non-compliance with the Labour Act by private companies.
6. Unjust and indefinite suspension or interdiction of employees.
7. Failure to issue share certificates, dividend warrants, or acts of fraud by financial institutions.
8. Failure to issue academic results or certificates, or acts of maltreatment by examination bodies, schools, or tertiary institutions. (PCC Act, Cap P37 LFN 2004).

The records of the organisation indicate that the PCC fulfilled its statutory duties to promote peace and development.^[16] For example, between July 2021 and October 2022, the Commission received 34,000 complaints, of which 13,000 were resolved.^[17] This pinpoints the relevance of the PCC in ensuring that systemic issues in the government departments and other sectors falling within its investigative purview, are resolved.

However, despite the laudable efforts made by the PCC in discharging its functions, there are still some challenges which hinders the functions of the Commission.

Challenges Bedevilling the Functions of the Public Complaints Commission

1. Scarcity of Information: Given Nigeria’s population and the pervasive decline in the state’s public sector, the PCC has faced criticism for the relatively low volume of cases it receives.^[18] This problem is largely attributable to a “lack of information,” which emanates from several deficiencies: insufficient publicity regarding its existence, functions, powers, duties, and operational procedures.^[19] These factors collectively hinder the Commission’s effectiveness.
2. Problems Posed by Recalcitrant Institutions:^[20] At times, some Organizations refuse to cooperate with the PCC, thus frustrating the functions of the Commission.
3. Lack of Legal Powers to Punish Offenders:^[21] This hampers the PCC by limiting its enforcement capability. While it can investigate complaints and recommend solutions, its inability to impose penalties weakens its authority, making it reliant on other agencies to take action against offenders. This also defeats the essence of the need for quick dispensation of justice.
4. Inadequate funding by the government also poses a challenge to the functions of the PCC.
5. Illiteracy among Nigerian citizens can also be a problem that hinders the effective discharge of the functions of the PCC.

Conclusion

The PCC has played an interesting role in promoting administrative responsibility in Nigeria by addressing citizens’ grievances against public institutions. Its impartiality, accessibility, and ability to investigate complaints without have made it an essential mechanism for ensuring transparency and accountability in public service. Through its efforts, the PCC has contributed to reducing bureaucratic inefficiencies, thus, ensuring justice for aggrieved parties, and fostering trust in public institutions.

However, the Commission faces several challenges that limit its effectiveness, including inadequate funding, lack of enforcement powers, and bureaucratic resistance from public agencies. These limitations hinder the PCC from fully delivering on its mandate of ensuring administrative responsibility.

To enhance the PCC’s effectiveness, it is recommended that:

1. The government should increase financial support and allocate adequate resources to the PCC to improve its capacity and reach.
2. The Commission’s powers should be strengthened through legislation, granting it more authority to enforce its recommendations and hold public officers accountable.
3. The Commission should initiate widespread public awareness campaigns to educate citizens about their rights and the role of the PCC. Increased awareness would encourage more people to utilize its services, thereby promoting administrative accountability at all levels of government.

SNIPPET

The PCC was established by the Public Complaints Commission Act 1975. The Act vested it with wide powers to inquire into complaints by members of the public concerning the administrative action of any public authority and companies or their officials.

KEYWORDS

Public Complaints Commission (PCC), commission, ombudsman, enforcement,

1. ‘Public Complaints Commission’, <http://pcc.gov.ng/> accessed 14^th October, 2024. ↑
2. Ibid. ↑
3. Wikipedia, ‘Public Complaints Commission, Nigeria’, <https://en.wikipedia.org/wiki/Public_Complaints_Commission,_Nigeria> accessed 14^th October, 2024. ↑
4. Egberi, AJ, & Ikyase, JT, ‘Public Complaints Commission and the Administration of Justice in the Local Government System in Nigeria’, <https://internationalpolicybrief.org/wp-content/uploads/2024/02/ARTICLE-29.pdf> accessed 14^th October, 2024. ↑
5. Adamolekun, L, & Osunkunle, EL, ‘Nigeria’s Ombudsman System: Five Years of the Public Service Commission’, < https://www.cambridge.org/core/journals/journal-of-modern-african-studies/article/abs/nigerias-ombudsman-system-five-years-of-the-public-complaints-commission-by-ladipo-adamolekun-ande-l-osunkunle-ibadan-heinemann-1982-pp-118-n875-n550/82B6426111DBA67E1CB57DC46746B54B> accessed 14^th October, 2024. ↑
6. Wikipedia, ‘Ombudsman’, <https://en.wikipedia.org/wiki/Ombudsman#:~:text=Use%20of%20the%20term%20in,independent%20of%20the%20executive%20branch.> accessed 14^th October, 2024. ↑
7. Ibid. ↑
8. Rowat, DC, The Ombudsman Plan: The Worldwide Spread of an Idea, (2^nd ed, Lanham: University Press of America, 1985). ↑
9. Ugbe, RO, Perspectives on Nigerian Administrative Law, (2004, Freneoh Publishers Nig. Ltd). ↑
10. PCC Act, s 1. ↑
11. Long Title, PCC Act 1975. ↑
12. Ibid, s 2. ↑
13. Ibid, s 3. ↑
14. Ibid, s 5(2). ↑
15. Nwokwu PM et al, ‘Role of the Public Complaints Commission (The Ombudsman) in Ensuring Administrative Responsibility in Nigeria’, <https://www.researchgate.net/publication/369118513_ROLE_OF_THE_PUBLIC_COMPLAINTS_COMMISSION_THE_OMBUDSMAN_IN_ENSURING_ADMINISTRATIVE_RESPONSIBILITY_IN_NIGERIA> accessed 15^th October, 2024. ↑
16. This Day, ‘The Impact of Nigeria’s Public Complaints Commission in Restoring Justice ‘, <https://www.thisdaylive.com/index.php/2024/08/05/the-impact-of-nigerias-public-complaints-commission-in-restoring-justice/> accessed 15^th October, 2024. ↑
17. Ibid. ↑
18. Nwokwu, PM, et al, n 15. ↑
19. Ibid. ↑
20. Ibid. ↑
21. Ifejika, SI, ‘Protecting Citizens against Bureaucratic Abuse and Maladministration: Why is Nigeria’s Ombudsman Institution not Working Well?’ <https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/download/7287/7624/46438> accessed 15^th October, 2024. ↑