PUBLIC COMPLAINTS COMMISSION ACT

Section 5: Powers and duties of Commissioners.

1975Section 5 of 12Federal Republic of Nigeria

(1) All Commissioners shall be responsible to the National Assembly but the Chief Commissioner shall be responsible for co-ordinating the work of all other Commissioners.
(2) A Commissioner shall have power to investigate either on his own initiative or following complaints lodged before him by any other person, any administrative action taken by-
(a) any Department or Ministry of the Federal or any State Government;
(b) any Department of any local government authority (howsoever designated) set up in any State in the Federation;
(c) any statutory corporation or public institution set up by any Government in Nigeria;
(d) any company incorporated under or pursuant to the Companies and Allied Matters Act whether owned by any Government aforesaid or by private individuals in Nigeria or otherwise howsoever; or
(e) any officer or servant of any of the aforementioned bodies.
(3) For the purposes of this Act-
(a) the Chief Commissioner may determine the manner by which complaints are to be lodged;
(b) any Commissioner may decide in his absolute discretion whether, and if so, in what manner, he should notify the public of his action or intended action in any particular case;
(c) any Commissioner shall have access to all information necessary for the efficient performance of his duties under this Act and for this purpose may visit and inspect any premises belonging to any person or body mentioned in subsection (2) of this section;
(d) every Commissioner shall ensure that administrative action by any person or body mentioned in subsection (2) will not result in the commitment of any act of injustice against any citizen of Nigeria or any other person resident in Nigeria and for that purpose he shall investigate with special care administrative acts which are or appear to be-
(i) contrary to any law or regulation;
(ii) mistaken in law or arbitrary in the ascertainment of fact;
(iii) unreasonable, unfair, oppressive or inconsistent with the general functions of administrative organs;
(iv) improper in motivation or based on irrelevant considerations;
(v) unclear or inadequately explained; or
(vi) otherwise objectionable; and
(e) a Commissioner shall be competent to investigate administrative procedures of any court of law in Nigeria.
(4) Where concurrent complaints are lodged with more than one Commissioner, the Chief Commissioner shall decide which Commissioner shall deal with the matter and his decision thereon shall be final.
(5) All Commissioners and all the staff of the Commission shall maintain secrecy in respect of matters so designated by reason of source or content, so however that a Commissioner may, in any report made by him, disclose such matters as in his opinion ought to be disclosed in order to establish grounds for his conclusions and recommendations.
(6) In the exercise of the powers conferred upon a Commissioner by this section, the Commissioner shall not be subject to the direction or control of any other person or authority.
(7) It shall be the duty of any body or person required by a Commissioner to furnish information pursuant to subsection (3) (e) of this section to comply with such requirement not later than thirty days from receipt thereof.

Cite this section

Section 5, PUBLIC COMPLAINTS COMMISSION ACT (1975).

https://repo.podus.ai/laws/public-complaints-commission-act/section/5/