Public Complaint Commission and Fundamental Human Right Protection. A Study of Anambra State PCC, Awka.
CHAPTER ONE
Objective of the study
The objectives of the study are;
- To find out the effect of public complaint commission on human right protection
- To find out how quick public complaint commission do intervene on human right abuse
- To find out the effect on public complaint commission on mal administration in public offices
CHAPTER TWO
LITERATURE REVIEW
Public Complaints Commission
The Public Complaint Commission was established by the Public Complaints Commission Act 1975. Under the Act, the Public Complaint Commission is given wide powers to inquire into complaints by members of the public concerning the administrative action of any public authority and companies or their officials and other matters ancillary thereto. The commission shall consist of a Chief Commissioner and such number of other Commissioners as the National Assembly may from time to time determine. The commission may establish such number of branches of the Commission in the states of the Federation as the National Assembly may from time to time determine. The powers and duties of Commissioners are enumerated in Section 5 of the Act. It provides that all Commissioners shall be responsible to the National Assembly but the Chief Commissioner shall be responsible for co-ordinating the work of all other Commissioners. Under the Act, a Commissioner shall have power to investigate either on his own initiative or following complaints lodged before him or any other person, any administrative action taken by
(a) Any Department or Ministry of the Federal or any State Government;
(b) Any Department of any Local Government Authority (however designated) set up in any State of the Federation;
(c) Any Statutory Corporation or Public Institution set up by any Government in Nigeria;
(d) 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
(e) Any officer or servant of any of the aforementioned bodies.
For effective protection of human rights, every Commissioner shall ensure that administrative action by any person or body mentioned in subsection (2) above will not result in the commitment of any act of injustice against any citizen of Nigeria or any other person resident in Nigeria and for that purpose he shall investigate with special care administrative acts which are or appear to be contrary to any law or regulation; mistaken in law or arbitrary in the ascertainment of fact; unreasonable, unfair, oppressive or inconsistent with the general functions of administrative organs; improper in motivation or based on irrelevant considerations; unclear or inadequately explained, or otherwise objectionable. Under the Act, in every case where a commissioner discovers that a crime may have been committed by any person, he shall report his findings to the appropriate authority or recommend that, that person be prosecuted. Also in every case where a Commissioner is of the opinion that the conduct of any person is such that disciplinary action against such a person be taken, he shall make a report in that regard to the appropriate authority which shall take such further action as may be necessary in the circumstances. By section 9 (1) of the Act, a Commissioner in the discharge of his function shall have power to summon in writing any person who in the opinion of the Commissioner is in the position to testify on any matter before him, to give evidence in the matter and any person who fails to appear when required to do so shall be guilty of an offence under the Act. Any person guilty of an offence under section 9 shall on conviction be liable to a fine of N500 or imprisonment for six months or to both such fine and imprisonment. The writer is not aware of any one who has been prosecuted under the Act.
CHAPTER THREE
RESEARCH METHODOLOGY
INTRODUCTION
In this chapter, we described the research procedure for this study. A research methodology is a research process adopted or employed to systematically and scientifically present the results of a study to the research audience viz. a vis, the study beneficiaries.
RESEARCH DESIGN
Research designs are perceived to be an overall strategy adopted by the researcher whereby different components of the study are integrated in a logical manner to effectively address a research problem. In this study, the researcher employed the survey research design. This is due to the nature of the study whereby the opinion and views of people are sampled. According to Singleton & Straits, (2009), Survey research can use quantitative research strategies (e.g., using questionnaires with numerically rated items), qualitative research strategies (e.g., using open-ended questions), or both strategies (i.e., mixed methods). As it is often used to describe and explore human behaviour, surveys are therefore frequently used in social and psychological research.
POPULATION OF THE STUDY
According to Udoyen (2019), a study population is a group of elements or individuals as the case may be, who share similar characteristics. These similar features can include location, gender, age, sex or specific interest. The emphasis on study population is that it constitutes of individuals or elements that are homogeneous in description.
This study was carried to examine public complaint commission and fundamental human right protection. Staffs of public complaint commission, Anambra State form the population of the study.
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
INTRODUCTION
This chapter presents the analysis of data derived through the questionnaire and key informant interview administered on the respondents in the study area. The analysis and interpretation were derived from the findings of the study. The data analysis depicts the simple frequency and percentage of the respondents as well as interpretation of the information gathered. A total of eighty (80) questionnaires were administered to respondents of which only seventy-seven (77) were returned and validated. This was due to irregular, incomplete and inappropriate responses to some questionnaire. For this study a total of 77 was validated for the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was to ascertain public complaint commission and fundamental human right protection. In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the challenges of public complaint commission and fundamental human right protection
Summary
This study was on public complaint commission and fundamental human right protection. Three objectives were raised which included: To find out the effect of public complaint commission on human right protection, to find out how quick public complaint commission do intervene on human right abuse and to find out the effect on public complaint commission on mal administration in public offices. The study adopted a survey research design and conveniently enrolled 80 participants in the study. A total of 77 responses were received and validated from the enrolled participants where all respondents were drawn from staffs of public complaint commission in Anambra state. Hypothesis was tested using Chi-Square statistical tool (SPSS).
Conclusion
From the above study, it is advised that the law setting up Public Complaints Commission is quite inhibiting and does not allow the Commission enough power to exercise its statutory duties. There is need to amend the law. The Commission is an expression of real democracy and the rule of law and it is important the nation keep a special institution with the task of controlling and ensuring that almost all administrative organs of the society respect the rights of the citizens and that anybody be Nigerian or not, at no cost, gets his complaints and grievance investigated and attended to. The Nigerian Public Complaints Commission (NPCC) must be ready to learn and improve using some of the examples of other countries discussed all over the world. The world is now a global village; NPCC can draw many examples and lessons from other jurisdiction, in order to improve on its service delivery. The law setting up the Commission needs to be amended in order to strengthen the Commission’s activities and to empower the Commission to be more alive to its duties and statutory functions in line with the criticisms made in this paper. There is need for massive enlightenment and publicity of the duties of the Commission and its relevance to the public
Recommendation
There should be frequent radio and television talks dealing with the duties and responsibilities of the Commission. There should also be publications of pamphlets and bulletins, journals and reports widely circulated through the ministries and public companies on the role of the Commission. Such publicity should be in the different local languages and in English and circulated in all the local government councils within Nigeria. Access to the Commission must also be simplified and expanded. The use of other means apart from written letters should be adopted, the law regarding who may “petition” must be reviewed urgently and permit others apart from the person concerned to petition the Commission. The annual reports must be made public and allow for public participation and debates on the reports. The office of the Commissioner in each state must have a Legal Officer and the Commissioners must be lawyers of not less than twenty years standing with bias for Public Law, this will help in a deeper understanding of the legal issues, and a deeper and better understanding of the role of the Commissioner.
References
- B.K. Murungi, “Trading Justice for Truth” Kayode Fayemi (ed.) Truth Commissions in Africa Deepening the culture of Constitutionalism Regional Institutions and Constitutional Development in Africa. Centre for Democracy and Development, Abuja, 2003 p.121.
- O.N Ogbu. “Truth and Reconciliation Commission as Human Rights Protection Mechanism: The Tragic Near Demise of Nigerian’s Oputa Panel” in E. Chianu, (ed) Legal Principles and Policies: Essays in Honour of Justice Idigbe, Distinct Universal Limited, Lagos, 2006, p.1 37 Ibid p 2
- Department of Public Information) Feb. 1998 cited in O.N. Ogbu, Human Rights Law and Practice in Nigeria: An Introduction Enugu; CIDJAP Press 1999 p.2 5 Ibid p.2. 6
- O.W. Igwe, Preliminary Studies in Human Rights Law, Ring and Favolit Ltd., Lagos, 2002, p. 1 7
- M.O.U. Gasiokwu, Human Rights History, Ideology and law, FAB Educational Books, Jos, 2003,p.iv 8 See Cap N46 LFN 2004 Vol. II. It came into effect on 27th September, 1995.
