By Olanrewaju Adesola Onadeko, (S.A.N)
(BEING A PAPER PRESENTED AT THE 1ST NATIONAL POLICY DIALOGUE ON STRATEGIES FOR IMPROVING SERVICE DELIVERY IN GOVERNMENT PARASTATALS, AGENCIES AND COMMISSIONS, WITH THE THEME; “EFFICIENT & EFFECTIVE SERVICE DELIVERY: IMPERATIVES FOR ENHANCING THE CHANGE AGENDA”. TUESDAY, 28TH MARCH, 2017) .
ABSTRACT
Public Service is the catalyst of socio-economic development of any country. The level of the efficiency and effectiveness of the public service determines the nature of the socio-economic development of that country. The main objective of this paper is to discuss the policies and the legal framework that can facilitate the efficiency and effectiveness of public sector organizations in Nigeria. The paper observes that a reformed and well-focused public service anchored on the tenets of well administered policies offer a ready tool for effective public service delivery in Nigeria. The paper recommends that the structural barriers and other encumbrances to the implementation of public sector reforms should be tackled on a sustainable basis. An appropriate institutional and legal framework for ensuring public access to information regarding the affairs of government parastatals, agencies and ministries in relation to the Freedom of Information Act is also emphasized. Measures that will enhance Accountability and Professionalism in the Public Service and as such efficiency and effectiveness of the Public and Civil Servants are also recommended.
INTRODUCTION
The Public Service of any country stands out as the major machinery ofgovernmentfor the formulation and implementation of public policies. It does this by translating the plans and programs of government into concrete public goods and services for the benefit of the citizenry. Since public bureaucracy is primarily concerned with public administration, the management of public affairs therefore rests heavily on it. It is the vehicle for service delivery and good governance. The quality of the Public Service largely determines the pace of development of any nation. This is because of the crucial role that Public Servants play in the formulation and implementation of the programs of governments. The Constitution of the Federal Republic of Nigeria1999 (as amended) has provided the template for the kind of behavior expected of Public Servants . The ability of the Nigerian Public Service to effectively and efficiently manage public affairs and ensure prompt and quality service delivery had often been called to question over the years. Obaro giving his support on the need for effective and efficient service delivery by the Public Sector stated that;
“The assessment of the strength and weakness of Public Service delivery is vital to the formulation of policies, designing of plans and strategies for good governance ”
Indeed, the Nigerian Public Service as the most critical instrument of the modern state, has been put to test and it has undergone series of socio-economic, structural and political transformation. The meaning of the concept of Public or Civil Service as established by the Nigerian Constitution is provided for in sections171, 172, 206, 208 and; 318 and in section 10 of Third Schedule to the Constitution . This presentation looks at the various Policies and the Legal Framework that will ensure effective and efficient service delivery in the NigerianPublic Sector.
VARIOUS NATIONAL POLICIES AND LEGAL FRAMEWORK FOR EFFECTIVE AND EFFICIENT SERVICE DELIVERY IN THE PUBLIC SECTOR
1. THE CODE OF CONDUCT FOR PUBLIC OFFICERS;
The Public Service is the machinery which the Government uses to render services to the citizenry and as such, Public Servants should constantly mindful of how they can conveniently improve themselves to render better service. The process of rendering of these services must conform to the prescribed Code of Conduct set out in the Constitution of the Federal Republic of Nigeria. The Constitution has established a threshold that will guide Public Servants,in the discharge of their duties. Part 1 of the Fifth Schedule to the 1999 Constitution of Nigeria (as amended) has generally made provisions in respect of the Code of Conduct and work attitude of a Public Servant. Some of the relevant provisions will be examined presently:
i. Duty to avoid Conflict of Personal Interest with Official Duties and Responsibility;
The Code of Conduct provides that;
‘A Public Officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities ’.
There is a legal obligation on Civil and Public Servants to observe utmost good faith in the discharge of their duties and responsibilities. There must be no conflict of interests. Where there is a violation, the Public Officer is liable to penal sanctions as enshrined in the Code of Conduct.
ii. Prohibition of Double Concurrent Remuneration; Section 2(a) of the Code of Conduct provides that;
‘Public Officer shall not receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public officer ’.
The foregoing provision seeks to prevent a public officer from receiving or being paid double emoluments from two different Public Offices. Sub-paragraph (b) of this section goes ahead to restrict a Public Officer from engaging or participating in the management or running of any private business, profession or trade except where his employment is on part-time basis. But the rule does not prevent a public officer from engaging in farming.
iii. Prohibition of Gratification;
A Public Officer is prohibited from asking for, accepting property or benefit of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.
Sub-paragraph (2) prohibits the receipt by a Public Officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the Government.
Sub-Paragraph (3) allows a Public Officer to accept personal gifts or benefits from relatives and personal friends.Also donations or gifts to Public Institutions are allowed.
The import of the provision is that a Public Officer must not predicate the performance of his official duties on any form of gratification, whether solicited or not. This is because they are paid from government coffers for doing their jobs.
The provision of the law is in line with the legal concept of probity in Public Service. They are not expected to enrich themselves by the advantage of their access to public position and authority.
iv. Prosecution for Breach of Code of Conduct for Public Officers;
Section 12 provides that any allegation that a Public Officer has committed a breach of or has not complied with the provisions of this Code should be made to the Code of Conduct Bureau.
In the recent case of Ahmed v Ahmed , the Supreme Court gave life to the above provision, when it held thus:
‘Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau’’.
In recent times, Public Officers have re-awakened to their responsibilities and both the Tribunal and the Code of Conduct Bureau should be strengthened through proper funding and adequate man power deployment.
2. LEVERAGING ON THE FREEDOM OF INFORMATION ACT.
The Freedom of Information Act, 2011 was aimed at ensuring that the public have access to any information relating to the activities of the government, ministries, agencies and parastatals. There is the need to ensure a fundamental change in the mindsets of those concerned who are the custodian of government information to comply with the provisions of this Law, by making relevant information available to ensure transparency and accountability in public administration.
3. STRENGTHENING SERVICOM. The singular objective of SERVICOM is to address the challenge of nation-wide service failure.SERVICOM was therefore aimed at heightening public awareness about the damaging effects of service failure to the Nigeriansociety. It aims at Promoting attitudes by which citizens would recognize the need to challenge service failure as their civic rights as well as their civic responsibility . SERVICOM was adopted by the government in 2004 as part of the initiative to re-orientate the Nigerian public as service users to demand quality services as a matter of right and service providers to deliver on agreed standard under contractual obligations that are formalized in the SERVICOM charter .Under SERVICOM, the Civil Service is expected to provide the basic services to which each citizen is entitled in a timely, fair, honest, effective and transparent manner. SERVICOM is based on the fundamental principle that Nigeria can only realize its full potential if citizens receive prompt and efficient services from the state.It presents another opportunity for repositioning the Public Service for more effective service delivery .
4. THE PUBLIC PROCUREMENT ACT
This is a salutary legislation which has benched marked the international best practices in Public Procurement, to block leakages and eliminate endemic corruption. The activities of the Bureau since inception are commendable.
However, the complexities arising from the procurement processes in some cases may have to be given some consideration. Also, the Appropriation Act which embodies the fiscal projections of government annually should be given more rapid passage time through the National Assembly, to ensure compliance with stipulated time lines in the Act.
5. STEPPING UP THE ACTIVITIES OF THE NATIONAL PRODUCTIVITY CENTRE
This Centre is established by the National Centre for Productivity Act , with the aim of promoting productivity improvement and consciousness in all sectors of the economy of the Federal Republic of Nigeria . The intendment of this Act is to make the Centre act as a catalyst for effectiveness and efficiency in Public Service as well as identify and reward excellent service delivery by Public Officers in Ministries, Agencies and Parastatals of government.
To say the least, this Centre appears rather obscure and needs to do more in the areas of creating awareness of its existence and its objectives, as well as spread the catchment area for its award to all sectors of the economy. While it is important to sanction and prosecute erring public officials, deserving Public Officers should be identified and duly rewarded to serve as moral boaster for all Public Officers.
6. MASS PRODUCTION AND CIRCULATION OF THE PUBLIC SERVICE RULES AND FINANCIAL REGULATIONS
These twin documents encapsulate the guide lines for permissible conducts which Public Officers must adhere to in the performance of their duties in public service. It is submitted that effectiveness and efficiency in public service must be measured within the confines of strict adherence to these documents. It is therefore suggested that both documents should be mass produced and distributed to Public Officers.
7. LIVING WAGES
It is well known that the current economic recession in the country, as well as the rapidly declining value of the naira give credence to the clamour for a consideration of review of wages by the Fiscal Allocation and Wages Commission. An upward adjustment will achieve the following, which should positively impact on the efficient and effective delivery of Public Service;
i. It will also serve as an assurance that Government as the largest employer of labour in Nigeria is responsive to the plight of employees;
ii. It may reduce the craving for gratification and other forms of corrupt practices in the public service;
iii. It should also reduce the pecuniary pressures on public officers which often undermine the effective and efficient performance of their duties.
It must however be borne in mind that any consideration for the upward review of salaries can only be predicated on the ability of government to meet the proposal.
CONCLUSION
A critical repositioning of the legal and regulatory frame works identified above will enhance the effectiveness and efficiency of Public Service in Nigeria. The Public service is the live wire of the Federal Government. It is therefore imperative to reinvigorate its human capital components through training and retraining as noted above. It is also suggested that proper synergy should be developed by the agencies of government with a view to enlightening members of the public in general and Public Officers in particular. This may be the most appropriate time to put in place measures to cushion the hardship which the prevailing economic atmosphere has brought to the average Public Officer.
Olanrewaju Adesola Onadeko, S.A.N, LL.B(Ife), LL.M(Lond.), Hon. LL.D(B.P.P), is Director-General Nigerian Law School Bwari FCT, Abuja
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