MANAGING AND REDRESSING CITIZENS COMPLAINTS AND GRIEVANCES:THE PLACE OF THE PUBLIC COMPLAINTS COMMISSION.(NIGERIAN OMBUDSMAN)

The Public Complaints Commission is the Nigerian aspect of the global OMBUDSMAN institution. Set up through the Public Commission Act, 1975 No 31, and empowered to widely receive and inquire into complaints by the public as pertains to work-related actions/decisions by government agencies, their officials and private organizations or their officials, and other related matters ancillary to that.

The Act was promulgated by the military administration of General Murtala Mohammed as was advised by the Jerome Udoji panel.The panel gave the advice to ensure that a body exists to check and control the brazen flouting of administrative procedures, government regulation and extant rules.

The Public Complaints Commission Act was adopted into 1999(amended) Nigerian constitution which states in Section 315(5) that “Nothing in this Constitution shall invalidate the enactment of Public Complaints Commission Act, and the provisions of the Act”.This statutory provision indicates that the Commission bears the responsibility of bridling and correcting all forms of abuse of power which can derail bureaucratic due process and the quality of services offered by government agencies and private organizations.

The Public Complaints Commission is the oldest anti corruption and quasi agency in Nigeria with the mandate to investigate and redress administrative injustice in Nigeria. It acts as an ombudsman to investigate complaints against the government, private institutions, or their officials.

FUNCTIONS OF THE PUBLIC COMPLAINTS COMMISSION.

‘IMPARTIAL INVESTIGATIONS.
The PCC investigates complaints from the public about the actions of authorities, companies, or their officials. The PCC may also take action based on media reports or information from other sources.

CONTROLLING ADMINISTRATIVE EXCESSES.
The PCC aims to curb the arbitrary use of administrative powers by public officials.

PROMOTING SOCIAL JUSTICE.
The PCC acts as a champion for justice for those who have no other place to turn.

IMPROVING PUBLIC ADMINISTRATION.
The PCC ensures compliance with laws and regulations, and monitors the standard behavior of public officials.

UPHOLDS HUMAN RIGHTS. It also serves as a watchdog and peoples’ court where everyone can get social and administrative justice without being charged any fees. This reduces tension, discontent and even crime among the citizenry which may arise if people do not know where to air the grievances they have with corporate bodies, government actions and officials.Communal crisis could also be curbed when complaints are made to the Commission at the stage of agitations.

The PCC is independent of government bureaucracy and has extensive powers, including confidentiality, access to government information, and the ability to enforce compliance. However, some say that the PCC’s efforts can be hindered by political interference and corruption.

STRUCTURE OF THE PUBLIC COMPLAINTS COMMISSION.
The PCC is made up of a Chief Commissioner and other commissioners appointed by the National Assembly. The Chief Commissioner is the Chief Executive of the PCC. Every state has a commissioner including the federal capital territory.

All Commissioners are responsible to the National Assembly but the Chief Commissioner is responsible for co-ordinating the work of all other Commissioners. The Chief Commissioner stays at the Headquarters of the PCC while the Commissioners stay in their various states but comes to the headquarters for monthly or quarterly plenary.

The Plenary affords Commissioners the opportunity to discuss their achievements and challenges of the Public Complaints Commission in their various states. It also serves as an avenue for Commissioners to share ideas, learn from each other and be addressed by the Chief Commissioner, also known as the Chief Ombudsman of Nigeria.

CHALLENGES AND LIMITATIONS OF THE PUBLIC COMPLAINTS COMMISSION.
Despite the powers embedded in the Act of the Public Complaints Commission, there are limitations and challenges that has over the years affected the PCC from functioning effectively unlike other anti corruption agencies in Nigeria.

1.Matters that are pending before and/or relating to the National Assembly,the National Councils of State and Ministers, the Armed Forces, and the Police Force under the Army, Navy, Air Force and Police Acts are exempted from investigation by the PCC.

2 LACK OF PUBLICITY AND VISIBILITY. The biggest problem the commission has is the issue of publicity and visibility. This is a commission that was established 49 years ago and if we look at the comparative knowledge among Nigerians, it is very low because it is expected that by now PCC should be known much more. Even agencies that were established several years later are much more known than the PCC. So the Commission has a duty to make sure it gets to the public. For a population close to 200 million and PCC is treating less than 10 million petitions in a year means that the PCC is not having much patronage by the public.Lack of publicity and visibility can hinder its effectiveness in several ways:

-Limited public awareness: People may not know about the PCC’s existence or its role in addressing complaints.
-Underutilization: The PCC may receive fewer complaints than it could, as people may not be aware of its services.
-Reduced credibility: Low visibility can lead to a perception that the PCC is not effective or active.
-Difficulty in reaching marginalized communities: The PCC may struggle to reach vulnerable populations who may need its services the most.

To address this, the PCC can consider:

1. Social media presence and campaigns
2. Public outreach programs and events
3. Collaborations with civil society organizations and community groups
4. Media engagements and press releases
5. Educational materials and public awareness campaigns
6. Partnerships with local governments and institutions
7. Creating a user-friendly website and online complaint portal

By increasing its visibility and publicity, the PCC can better serve the public and promote accountability and good governance.

3. INADEQUATE FUNDING. Certainly, there is handicap of funding. The funding over the years hasn’t been the best. Amongst other anti corruption and quasi judicial agencies in Nigeria, PCC is the poorest in terms of funding and support from the Government. The budget of the PCC is nothing compared to its onerous functions and sometimes the meager budget is not fully released and implemented. This has made PCC staff to embark on strike and staged a protest at the National Assembly. Some people believe that its deliberate for PCC to be poorly funded because most of the matters handled by the commission are against the system that created it. They try to stifle it financially so that it won’t be able to function properly

The PCC has become a weeping agency of the federal government. Some state offices of the PCC are moribund, dilapidated and unbefitting. Others are staying in a rented building in an unaccessible environment. This does not command a serious image for the Nigerian Ombudsman.The Public Complaints Commission (PCC) is an agency established to investigate and address public complaints against government agencies, public officials, and private companies. Lack of funding for the PCC can have significant consequences, including:

-Reduced effectiveness: Insufficient funding can limit the PCC’s ability to investigate complaints thoroughly, leading to ineffective resolutions.
-Delayed investigations: Funding constraints can cause delays in investigating complaints, potentially allowing issues to escalate.
-Limited public access: Inadequate funding might restrict the PCC’s ability to engage with the public, making it harder for people to report complaints.
-Staffing shortages: Funding shortages can lead to staffing cuts, reducing the PCC’s capacity to handle complaints.
-Decreased public trust: Inadequate funding can erode public confidence in the PCC’s ability to address complaints effectively.

To address these concerns, governments and stakeholders can consider increasing funding for the PCC, implementing cost-effective measures, and exploring alternative funding sources.

4. LACK OF LOCAL AND INTERNATIONAL COLLABORATION. For the Public Complaints Commission to function effectively, it needs to collaborate with sister agencies like the EFCC, ICPC, Police including Nigerian Bar Association and other human rights organizations etc. There are complaints and petitions that are not within the purview of the PCC. But through effective and responsive collaboration, the PCC can refer complaints to the appropriate agencies and follow up to ensure that its given due attention.
A lack of local and international collaboration can indeed hinder its effectiveness. Some potential consequences of this lack of collaboration include:
– Limited sharing of best practices and expertise.
– Reduced access to resources and support.
– Inability to address cross-border issues and complaints.
– Difficulty in tracking and addressing global trends and patterns in complaints.
– Limited opportunities for capacity building and training.
To address this, the PCC could consider:
– Establishing partnerships with international organizations and networks
– Participating in global forums and conferences
– Collaborating with local civil society organizations and community groups
– Developing memoranda of understanding (MOUs) with international counterparts
– Creating a platform for sharing knowledge, resources, and best practices

By fostering local and international collaboration, the PCC can enhance its impact, improve its services, and better serve the public.

5. LACK OF COMMUNITY ENGAGEMENT. Community engagement is essential for the Public Complaints Commission (PCC) to effectively serve the public and promote accountability. A lack of community engagement can lead to:

-Limited understanding of local needs and concerns.
-Reduced trust and credibility among community members.
-Fewer complaints and feedback from the public.
-Difficulty in identifying systemic issues and trends.
-Ineffective outreach and education efforts.

To address this, the PCC can consider:

1. Establishing community outreach programs and events.
2. Creating a community advisory board or committee.
3. Conducting regular town hall meetings and public forums.
4. Building partnerships with community organizations and groups.
5. Developing targeted outreach strategies for marginalized communities.
6. Encouraging community members to serve as ambassadors or advocates.
7. Using community-based research methods to inform its work.

By engaging with the community, the PCC can build trust, improve its services, and better address the needs and concerns of the public.

6. LACK OF CAPACITY BUILDING AND MANPOWER DEVELOPMENT. Capacity building in the workplace helps organizations develop resources and strengthen functions like leadership, structure, and policies. It can also help employees improve their skills and align their efforts with organizational goals. Without capacity building, organizations may waste resources and efforts, which can lead to instability and poor communication.

Lack of capacity building and manpower development has indeed hindered the effectiveness of the PCC.Capacity building and manpower development are essential for the PCC to:

-Enhance its investigative capabilities
-Improve its understanding of various sectors and industries
-Develop effective redressal mechanisms
-Foster strong relationships with stakeholders
-Keep pace with changing societal needs and expectations

To address this, the PCC could consider:

1. Training programs for staff on investigation techniques, communication skills, and sector-specific knowledge
2. Collaborations with experts and organizations to leverage their expertise
3. Recruitment of staff with diverse backgrounds and skills
4. Investment in technology and tools to enhance efficiency and effectiveness
5. Continuous learning and development opportunities for staff to stay updated on best practices

By prioritizing capacity building and manpower development, the PCC can enhance its impact and better serve the citizens.

7. POWER TO ARREST AND ENFORCE ITS RECOMMENDATIONS. The same Act that created the PCC limited it from enforcing its recommendations. This is one of the major problems in redressing complaints in Nigeria. The refusal of the respondent to answer to enquiries as regards lodged complaints. This necessitated the creation of enforcement unit which is mandated to make sure that enquiries are responded to within the stipulated time by the commission’s Act; this has tremendously helped as people respond immediately to enquiries and matters are resolved in no time. This should be replicated in every staff office of the PCC.

PROSPECTS OF THE PCC IN NIGERIA.
The Public Complaints Commission (PCC) is an agency that plays a vital role in promoting good governance, accountability, and transparency in public institutions. The prospects of the PCC include:

1. Improved Service Delivery: By investigating and addressing public complaints, the PCC can lead to improved service delivery by public institutions.

2. Enhanced Accountability: The PCC can hold public officials accountable for their actions, promoting a culture of responsibility and transparency.

3. Increased Public Trust: By providing a platform for citizens to voice their concerns, the PCC can increase public trust in government and public institutions.

4. Citizen Empowerment: The PCC can empower citizens to demand better services and hold government accountable, promoting active citizenship.

5. Systemic Reforms: The PCC can identify systemic issues and recommend reforms, leading to long-term improvements in public service delivery.

Overall, the PCC has the potential to drive positive change and promote good governance, making public institutions more responsive and accountable to the people.

Marshall Israel,
Ombudsman, Mediator, Peace-builder, and Conciliator.
Writes from Portharcourt.

10th June, 2024.