Nigeria: The Impact of Nigeria's Public Complaints Commission in Restoring Justice

5 August 2024

With the Supreme Court overwhelmed by thousands of delayed cases and appeals stretching into 2028, the PCC emerges as a vital alternative dispute resolution mechanism. Under the leadership of Honorable Abimbola Ayo-Yusuf, the PCC has made significant strides in raising public awareness and enhancing its operational effectiveness. Key initiatives, such as the establishment of a Complaint Lounge and Call Centre, demonstrate the PCC's commitment to providing accessible and efficient justice for Nigerian citizens. By addressing administrative injustices and facilitating systemic changes, Dakore Ekpendu writes that the PCC plays a crucial role in improving governance, promoting social justice, and alleviating the judicial backlog, thereby restoring public confidence in the country's justice system

The role of the ombudsman and conflict resolution in Nigeria has become critical, with the reported 6,000 cases of public complaints of rights violations gathering dust in the courts. Many litigants experience frustration as their cases suffer multiple adjournments. Alarmingly, some appeals pending at the Supreme Court are not scheduled for hearing until 2028, five years from now. This situation highlights the ineffectiveness of the Alternative Dispute Resolution (ADR) mechanisms in the country.

Against this backdrop, the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, lamented that the Supreme Court is grappling with 6,884 delayed cases. According to the National Judicial Council (NJC), the judiciary's regulatory body, only 1,179 judges are available for courts across the country, which has an estimated population of 218 million people.

As a result, many cases drag on in the courts, with some files being called up for the first time after ten years. A senior staff member of the Supreme Court disclosed that many appeals filed in 2006 were being heard for the first time in 2023. Recommendations from past committees for special courts to expeditiously handle cases like criminal and corruption cases have not been implemented.

This is where the Public Complaints Commission (PCC), Nigeria's ombudsman, should intervene to resolve disputes between parties. However, for many years, it has not lived up to its responsibilities, and many Nigerians are unaware of its existence. The PCC acts as a neutral third party that facilitates the resolution of disputes outside the traditional court system.

The Commission helps resolve issues through informal mediation and identifies new issues and opportunities for systemic change. As an agency of the federal government of Nigeria under the Presidency, it acts as an ombudsman, receiving complaints from citizens against the government, private institutions, or their officials and intervening to settle issues.

The unique positioning of the ombudsman provides unfiltered information that can offer insights into issues and resolutions. Fortunately, the strides made by the new leadership of the PCC in recent years have raised hopes that there will be respite for litigants and an end to their frustration with the court system.

With renewed vigour and progressive ideals, incumbent Chief Commissioner of the Public Complaints Commission (PCC), Honorable Abimbola Ayo-Yusuf, is effectively embodying the vision of President Bola Ahmed Tinubu led administration and the principles of patriotic, people-centered governance.

For the first time in its history, the Nigeria Ombudsman, the Public Complaints Commission (PCC), was granted election observer status during the election that ushered in the administration of President Bola Ahmed Tinubu. Under the leadership of Ayo-Yusuf, this people-centred proactive involvement in deepening our democracy marks a significant milestone, establishing the PCC as a vital stakeholder, not just in electoral matters but also in all that concerns the present and the future of Nigerian citizens in an evolving democratic space.

Established on October 16, 1975 by the then military regime of Murtala - Obasanjo on the recommendation of the Udoji panel of inquiry vested with the powers to investigate and resolve any form of injustice arising from administrative errors, abuse of power and office by government officials or private establishments in Nigeria, the Public Complaints Commission (PCC) stands as a sentinel against administrative excesses and legal abuses, serving as a vital organ of the Nigerian government.

The organisation is dedicated to addressing grievances brought forth by citizens or residents who have suffered administrative injustices.

Many believed the PCC has not been heard for so many years despite the huge responsibilities it has to resolve issues but upon LEADERSHIP Sunday enquiry, Hon. Ayo-Yusuf said since 2021 when the new leadership came into office, it has been championing social justice and offers a robust avenue for individuals seeking redress from the errors, omissions, or abuses perpetrated by government officials or private entities.

According to him, this institution ensures that Nigerians, and all residents, have a reliable mechanism to challenge and rectify bureaucratic wrongs.

He further told our Correspondent that beyond actualising redress, the PCC now plays an increasingly crucial role in enhancing public administration as it meticulously reviews and recommends improvements to laws, procedures, practices, rules, regulations, and the standard conduct of officials, as outlined in the ACT, CAP 37 LFN 2004.

It is sad enough that many Nigerians do not even know their rights and if they lack the knowlege of their rights, how do they enforce it. Apart from knowing their rights and enforcing it, many Nigerians do not even know the primary functions and responsibilities of the PCC and this is where relevant government agencies should step in to create awareness among Nigerians on the agencies they could approach in place of litigations in court where they will suffer several adjournments, which could be frustrating.

"At its core, the PCC's primary function is to conduct unbiased investigations on behalf of those wronged by government actions or inactions, or by private companies and the Commission operates independently of government bureaucracy, wielding significant powers to ensure confidentiality and access to all pertinent government information. As a bulwark against excesses in high places, it compels the production of documents necessary for thorough investigations and enforces compliance to secure essential information. This autonomy and authority underpin the PCC's commitment to justice and accountability in the process of quiet but effective renewal of citizens' hope in Nigeria.

"Since its establishment, the PCC has quietly investigated and successfully handled hundreds of thousands of complaints that have been brought before it by Nigerians and residents in Nigeria. Living up to its mission statement of restoring dignity of man through the enthronement of rule of law and the protection of the individual and organization against administrative injustice. The PCC has since inception been promoting effective and efficient services that is responsible to the needs of the citizenry through proactive investigation and resolution of complaints against various levels of government such as the Federal, State and Local Governments, including Public Corporations, Private Sector Organizations and their officials.

"With its core mandate such as to investigate and conduct research in Ministries, Departments and Agencies of Government, private companies and officials of these bodies; investigate administrative procedures of any court of law in Nigeria; report crimes in the course or after investigation; report any erring officer for disciplinary action; report, interpret policies of government and advise government and companies; to make public, reports and after investigation; have access to all information and make recommendation, especially after proactive investigation, PCC, has no doubt given and has continued to give Nigerians better and qualitative service delivery. Even more under the President Bola Ahmed Tinubu renewed hope agenda", he said.

It is a common thing for every government institution to complain inadequacy of statutory budgetary allocations but according to the Chief Commissioner of the PCC, that has not hindered his commitment towards putting the Public Complaints Commission on the pedestal of success in the effective service delivery to Nigerians and even, non-citizens resident in Nigeria.

A quick look at the record of the organisation shows that PCC discharged its statutory role to enhance peace and development. For instance, between July 2021 and October 2022 alone, the Commission received 34,000 complaints out of which 13,000 were resolved.

In about a year later, PCC was again, inundated with not less than 258, 780 complaints from members of the public, aside from cases initiated by the commission to address systemic issues in Ministries, Departments and Agencies (MDAs) and the private sector. About 170, 000 of such cases were successfully resolved.

Apart from just looking into complaints of parties before it, notably, the PCC has also successfully engaged various authorities on issues that include various infractions and poor service delivery as well as complex issues surrounding the administration of budgeted ecological funds across the entire thirty-six states of the federation.

For enhanced productivity, the recent creation of the Complaints Lounge and Call Centre by the PCC can be said to be all about bringing the Commission closer to the people. "It is worthy of note that the PCC is dedicated to serving the public in the best possible means. Hence, the establishment of a Complaint Lounge popularly known as Call Centre. Undeniably, call centres create valuable interactions that build and facilitate feedback communication, trust and confidence between the governed and the government", he said.

Despite its historical challenges, the PCC has seen a resurgence under the leadership of Ayo-Yusuf, aligning with the vision of Tinubu's administration. The PCC has taken significant steps towards championing social justice and providing a robust mechanism for individuals seeking redress from administrative injustices. By engaging in proactive measures such as the creation of a Complaint Lounge and Call Centre, the PCC has enhanced its accessibility and effectiveness. The Commission's ability to independently investigate complaints and recommend systemic changes positions it as a crucial player in Nigeria's pursuit of improved governance and public administration. With continued support and public awareness, the PCC has the potential to significantly alleviate the judicial backlog and restore public confidence in the justice system.

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