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


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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



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.




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 offices.......

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