By ohanele casca, 08134192508
There are many government institutions that have remained a mystery to so many citizens irrespective of their level of literacy. One of such agency of government that is most misunderstood, most unknown yet the most vital, is the Public Complaints Commission.
As I go on, I must ask, my reader, what do you know about the Public Complaints Commission, PCC, otherwise known as the Ombudsman? Recently, the PCC Imo State organized a public lecture with the title; Administrative Injustice and Democracy: Search for the missing link, with Prof Chukwumaeze of Imo State University and Nze Chukwuma Nwachukwu delivering the lecture which forms the bulk of the exposition that will be showcased in this piece.
Looking at our immediate environment in Imo State, one would quickly make a connect that will for sure challenge the audacity and capability of Imo Ombudsman to address injustice and official recklessness of the present day government in the state that vowed from its inception never to respect due process or the rule of law.
To be more blunt and to call a spade, a spade, the Imo State government under the leadership of the self acclaimed rescuer, Owelle Rochas Okorocha can be likened to the one time terror of East Africa and the dictatorial tyrant of Uganda, the self styled Field Marshal for life, Idi Amin Dada who more than 40 years according to Prof Chukwumaeze, said that, “whenever there is a change of government in Africa, few heads must roll.”
In pursuant to what may be termed a vindictive administration and deletion of all landmark contributions of his predecessors, Gov Okorocha has no doubt exhibited the Idi Amin mentality by taking reckless decisions, formulating vindictive policies and destroying constitutional structures, building empires, arming militia and creating unconstitutional agencies which infringe on the rights of the people. This may explain why the Public Complaints Commission, the Ombudsman has called for a state of emergency on the rot in governance in Imo State.
Before going further, let’s take critical look into the responsibilities of PCC and the expectation of the public from the commission. The Public Complaints Commission or commissioner is an official, usually appointed by the government or by the legislature with the significant degree of independence charged with representing the interest of the public by investigating and addressing complaints of maladministration, violation of rights brought before it by members of the public or initiated by it.
The Imo State Commissioner of PCC, Chief Barr A.U Ugboaja, a man who has been described by distinguished Nigerians as resourceful, efficient and visionary in his address at the first ever public lecture of the commission since its existence noted that Public Complaints Commission was established by decree 31 of 1975 under the military. He informed his audience that between 1975 and May 2012, the executive arm of government exercised control and supervision over the commission until the present 7th Assembly of the National Assembly bravely and boldly took back the commission as its only baby according to the law establishing the commission now cited as the Public Complaints Commission Act, Cap.P37 law of the Federation of Nigeria 2004. Barr Ugboaja further explained that the commission enjoys further protection of law as it is inserted in the 1999 constitution of Nigeria in section 315. In furtherance therefore, the Public Complaints Commission has the power to inquire into, investigate public complaints and also initiate complaints of public interest concerning the administrative action of any public authority or companies registered in Nigeria or their officials. The uniqueness of PCC is also under scored by the fact that it is the only commission in Nigeria outside inbuilt check within Judiciary arm of government that has the power to inquire and investigate administrative procedures and practices in all courts of law in Nigeria that portends danger to proper administration of justice without running the risk of being cited for contempt. The challenging job of the Ombudsman is further strengthened by the fact that he has the power to initiate an investigation on his own on any department of the federal, state and local government in Nigeria. In their carrying out their functions, it is duty bound by any person to furnish information to the commission when it is required from such a person.
The enunciated functions, responsibilities of the Ombudsman ascribed to them by the law made it that they cannot be viewed as busy body but that their daily actions and investigation or comments on state matters are deeply rooted in the commission’s resolve to protect the interest of the citizens who may not have the wherewithal to seek for justice when their rights have been infringed.
In Imo State of today, quantum of complaints to the commission are leveled against government especially as it affects the unified local government system where the Public Complaints Commission is insisting that an urgent State of Emergency should be declared considering the rot in the administration of Owelle Rochas Okorocha who has since coming into power shown non-charlant attitude to due process which has caused decay in administration of justice in Public service, monumental administrative corruption exemplified by the government release of N1.5 billion to their collaborator contractor JPross for a job not yet executed and the subsequent accusation of a deputy governor of taking about N458 million part of the money as bribe leading to the impeachment of the former No 2 citizen of Imo State who has been cleared by the EFCC of any wrong doing when many other contractor in Imo state who have executed their jobs are yet to be paid a kobo. In Imo, Okorocha has shown ineptitude, nepotism, impunity and executive lawlessness in the conduct of government business and administrative law practice and procedure, public service rules, financial regulations, rule of law and due process has been re-engineered in his Rochanomics which bears semblance of the mentality of Idi Amin.
To be specific, let us look at the abuse at the local government structure. Governor Okorocha has in the last two and half years hijacked the local government which the constitution clearly stated must be manned by democratically elected chairmen and councilors by rascally dissolving the elected council members and failure to reinstate them after a court of competent jurisdiction has declared their dissolution illegal and void. The governor in his Idi Amin mentality instead of respecting the rule of law and the right of the elected council members went ahead to appoint caretaker committee to man the affairs of the local government for the purpose of hijacking the funds meant for the councils for his unaccounted usage. Since that administrative injustice and act of impunity, the money mapped out by the federal government for the LGAs for the development of the rural areas end up in the private pockets of the governor and his cronies.
In the area of public service injustice, Governor Okorocha has shown disdain to the integrity and law establishing the Civil Service Commission which guaranteed the commission a level of independence. In section 202 of the constitution, it is the duty of the Civil Service Commission to exercise the power to make appointments or to exercise disciplinary control over persons, the state Civil Service Commission, the state independent Electoral Commission and State Judicial Service Commission shall not be subject to the direction and control of any authority or person. In most states the Chief Executive of the states violet these tenets.
The present government of Owelle Rochas Okorocha more than the past administrations has violated the provisions of the constitution as regards public service bureaucracy. Vacancies that ought to be advertised and filled through due process are selfishly filled by the governor with his relatives and friends. The despotic transfer of administrative officers to his self styled Community Government Council without following civil service rules is an aberration. The termination of 10.000 employee during the administration of his predecessor without any adduced reasons is an administrative injustice perpetuated with impunity under the Idi Amin mentality of Owelle Rochas Okorocha against Imo sons and daghters. There are many cases where officers have been unjustly treated in terms of termination of appointment or dismissal from service. The case of the 27 elected chairmen and councilors is still fresh in mind.
It is regrettable that in Imo of today, any commission that asserts itself by not acceding to the dictates of Governor Okorocha is dissolved. The case of the Imo State Judicial Service Commission which was dissolved by the governor at the inception of his administration and the declaration of such dissolution by a court of competent jurisdiction as void opens the cankerworms in the mentality of the governor. Today, new judges cannot be appointed because Okorocha has refused to allow the constitutional appointed members of JSC to function in Imo and this has hampered the administration of justice in the state. All these administrative injustice by Okorocha is worrisome. The irony as Nze Nwachukwu puts it during his lecture is that, ”while military governors respected the independence of the commissions, democratically elected governors have no respect for their independence enshrined in the constitution.” Nze Nwachukwu posited that a commission that is coved and sacked at any flimsy reason cannot guarantee administrative justice in the civil service. This position by the former permanent secretary in Imo poses a challenge to the Public Complaints Commission in Imo as regards their quest for justice in public service.
Where do anyone start or end in chronicling the aberration taking place in Imo State of today? Contracts in Imo are awarded without due process, no documentation, no advertisement of such contracts for the members of the public who have the technical strength to bid. Contractors are deceived into committing their funds into jobs that are abandoned half way by the government. People oriented projects initiated by previous administrations in Imo State are abandoned while elephant projects with no direct positive impact on the citizenry are initiated and handed over to the family members of the governor to execute at exorbitant fees. Round-about scattered all over the state at places with no positive effect at easing traffic while flyovers initiated by the Ohakim’s administration are abandoned. Federal roads are hijacked for dualization and mean intentions by Okorocha just for the purpose of destroying properties of his political opponents located along the roads and the government end up constructing sub standard roads that have turned death traps for motorists.
Many Imolites have attributed the conduct of the governor of Imo State as semblance of an emperor oppressing his conquered subjects. As Idi Amin who said when government change in Africa, few heads must roll, Governor Rochas Okorocha has more than any other administration in Imo State, destroyed the local government system. He has deceived the people into believing that he has plans for the grassroots. The CGC administration he instituted at the local level is an aberration and an administration of injustice as the dissolution of elected council members are still in court. This overwhelming violation of the constitution which stipulated three tiers of government in Nigeria by governor Okorocha who created an unconstitutional 4th tier calls for a state of emergency by the federal government in order to serve as a deterrent to coming governors who might be tempted to take a cue from the present administration in Imo.
Looking at the situation, it seems that the Ombudsman has some limitations. First, it must be said that the more than thirteen years of the commission being in coma has been instrumental to the abuse of the public trust by state chief executives. The vision and level of knowledge of those who were in charge of the Public Service Commission before now may have as well given impetus to violators of the rights of members of the public as it relates to administrative injustice. No one can give what he does not have. The appointment of a person like Chief Barr Ambrose Ugboaja as the Federal Commissioner, Public Complaints Commission in Imo is a dawn of a new era. The signal so far given by his organizing the first ever public lecture on administrative injustice and democracy, searching for the missing links points to the fact that it is no more business as usual. A constitutional lawyer, an advocate of high standing, a onetime secretary of a local government in Imo State, Barr Ugboaja is not ignorant of what is expected of his commission and as a vibrant, aggressive defender of the oppressed, violators of due process are in for trouble. The promotion and sustenance of effective and efficient public service that is responsible and responsive to the needs of the citizenry will be pursued with vigour by Barr Ugboaja. Imo people will be sure that administrative actions of government in Imo that appear contrary to any law or regulations of the constitution, mistaking in law or arbitrary, unreasonable, unfair, oppressive, unclear, objectionable or improper in motivation, based on irrelevant considerations, inconsistent with the general functions of administrative organs will be challenged no matter whose ox is gored under the tenure of Chief Barr A. Ugboaja as the Ombudsman. The present crop of personnel of the Public Complaints Commission is highly motivated to carry out the functions of the commission for results. The call for a state of emergency in the local government system in Imo State is a step in the right direction.
However, given the onerous task assigned to the Ombudsman, their inability to prosecute those found guilty of violating the rules of the commission is a major handicap. Again, the immunity given to state chief executive shields such despots and dictators with Idi Amin mentality like Owelle Rochas Okorocha from prosecution and judgment. I wish to recap the concluding part of Prof Chukwumaeze lecture where he said that, “ the investigation of the Ombudsman should not only be published in a newsletter but also posted to the official internet website of the commission and handed over to the police for possible prosecution or the legislator for appropriate action” He recommended further that, “ the Public Complaints Commission should be given the power to prosecute like the police, EFCC and ICPC… noting that the Public Complaints Commission was modeled to act as the bastion of justice for the ‘little man’ who has no one or place to turn to for succor.”
It is believed that if the commission is given the power to prosecute, it will go a long way in addressing administrative injustice but in the public and private sector. Meanwhile there is need to educate the public more especially in the rural communities of the presence of the Ombudsman. It is difficult to trample on the rights of an enlightened person. Part of the state of emergency on the local government system in Imo should start with a radical approach to sensitization of rural opinion leaders, youths, market women and various stakeholders to know that they can complain when there is an action of government officials that infringes on their dignity or that are against the dictums of the Nigerian constitution.
Indeed the challenge before the Public Complaints Commission is onerous but with the support of the citizens of this our great country and Imolites the Ombudsman will serve the public better as we all must insist that Governor Okorocha Idi Amin mentality in violation of due process and dismantling of constitutional structures for selfish reason must be checked by declaring a state of emergency in the Local government system in Imo. If your maltreated please take your complaints to the Public Complaints Commission in Imo.
