Review of Public Administration and Management Vol. 3, No.

7, July 2015

ISSN: 2315-7844
Website: www.arabianjbmr.com/RPAM_index.php
Publisher: Department of Public Administration Nnamdi Azikiwe
University, Awka, Nigeria and Zainab Arabian Research Society
for Multidisciplinary Issues Dubai, UAE

OMBUDSMAN AND ETHICAL DILEMMA IN NIGERIAN PUBLIC

ADMINISTRATION: FROM RISING EXPECTATIONS TO DASHED
HOPES

AFEGBUA, S.I & ADEJUWON, K.D

Department of Public Administration, Faculty of Management Sciences
Lagos State University, Ojo
[email protected]

ABSTRACT
Ombudsman is an integral part of public sector transformation in the twentieth century. The
complex nature of government and its continued grip on the lives of the citizens inform the need
for a watchman that will guarantee that government is carrying out its day-to-day functions and
does not trample on the fundamental rights of its citizens, and ensure commitment to ethical
standards by public officials. The paper is qualitative in nature, while relevant data were gathered
through secondary sources. The paper notes that although Ombudsman is a widely used
institution for ensuring administrative accountability, transparency and maintaining ethical
standard in the western countries, it has also been adopted in developing societies like Nigeria. In
this paper, an attempt is made to analyze the role of Ombudsman in dealing with unethical
dilemma in Nigerian public administration and how it can be improved upon. The paper observes
that ombudsman has not been able to effectively deal with unethical conduct or misuse of
administrative power in the public service. The paper however emphasize that the office of the
ombudsman needs to be strengthened so that all the tenets of a credible public administration
would be seen to be present and working to the advantage of all. This will help to check
government activities in the interest of the citizens, and thus help to address the problems of
human rights abuses, lack of accountability, absence of good governance and maintenance of
ethical standard in the public service.
Keywords: Ethical Dilemma, Public Administration, Service Delivery, Accountability,
Transparency

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Introduction
In almost every country in the world, public administration has significantly expanded in the past
century. With the expansion and the changing nature of the role of government, the number of
complains about governmental performance has grown. As a result, governments around the
world are experiencing a widening gulf between themselves and the people they serve. This is
because the traditional institutions of checks and balances on power and accountability of public
officials have become less effective due to the shifts (Kersbergen & Van Waarden, 2004). As a
response to these developments, Ombudsman was established as new control mechanism
institution to sustain ethical conduct in the public service.
Ombudsman is an integral part of public sector transformation in the twentieth century. The
Ombudsman, an institution headed by a high level public official with independent authority to
oversee public administration, has become a feature, and a standard, of modern democratic state
(Diaw, 2008). The Ombudsman institution is one of the most essential institutions for any
democratic society where constitution exists. The complex nature of government and its
continued grip on the lives of the citizens inform the need for a watchman that will guarantee
that government is carrying out its day-to-day functions and does not trample on the fundamental
rights of its citizens and ensure maintenance of ethical principles by public officials (Fajonyomi,
2012). He notes further that without the presence of an Ombudsman, there is no way citizens can
seek redress when abuse of office occurs, more so that existing mechanisms like the courts,
legislatures, executive and other agencies charged with redressing such complaints might not be
forthcoming.
Ombudsman in public administration has been given vast credence by the persistent maladies
inherent in the public sector domain and the increased complexities under which modern public
administrative machinery operates. These complexities are exacerbated by the financial
constraints that rock most governments and the shrinking levels of public service delivery. The
need to streamline public policy management processes calls for a professional and responsive
public service and adequate accountability mechanisms (Bukhari & Asit, 2013). With a shift
toward - new public government, increasing attention has been paid to governing according to
collective values and a concomitant ethics code for public officials. As such, the challenge for
public officials is to operate in a complex environment with shifting public expectations of
performance while maintaining strict adherence to values of propriety (Osborne, 2006).
The existence of the office of the ombudsman reflects an affirmation of a commitment to
assisting citizens who seek redress against mal-administration to get some reasonable amount of
solution. The office of the ombudsman hoped to help the public service to enthrone a self-check
that would enforce accountability, prevent corruption and guide against mal-administration
(Mukoro, 2013). This paper was encouraged by the fact that the theoretical terrain of ethics in
public administration and management posits that, despite the existence of ombudsman that
regulates the conduct in the public sphere, the ethics in practice in general are still illusive.

Statement of the Problem

Public officials in Nigeria do not deliver effective and efficient services to the members of the
society as expected. The reason behind this is partly the lack of commitment and failure to
adhere to ethical standards in the public service. This makes them not care about service delivery
as they do not understand how important it is to adhere to their public tasks (Mafunisa, 1999).
Instead, public officials tend to involve themselves in unethical conducts as is prevalent in

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Nigeria which includes among others the theft of assets, the mismanagement of funds,
unauthorised deductions, irregular appointments/promotions, the irregular awarding of tenders,
maladministration, the misuse of state vehicles, unauthorised private business, cheque fraud,
false claims/irregular payments, unfair dismissals, and non-compliance with service delivery
standards, etc. Public service, in Nigeria is characterised by widespread allegations of unethical
conducts. Allegations of unethical conduct practices are relatively high and have generated
widespread concern, and consequently, a search for remedies. It is therefore important that
ethical conduct be promoted at Nigerian public service.
Objectives of the study
The paper examines the origin and nature of Ombudsman in Nigeria. It critically diagnoses the
practices of Ombudsman in Nigeria, whether it has succeeded in raising the level of
accountability and transparency of public officials and curb unethical practices in the public
service and the barriers to its effective operation. The paper proffers remedial actions for
effective operation of Ombudsman as a veritable institution for entrenching ethical standards and
conducts in the public service.
Methodology
The study is descriptive and qualitative in nature, using only secondary method of data
collection. For secondary sources, the study relied on relevant textbooks, journals, magazines,
newspapers, official publications etc.
The Concept of Ombudsman
The word Ombudsman was coined from Swedish word ombuds meaning officer or spokesman or
representative (Rowat, 1986). Many scholars defined Ombudsman from different perspectives.
This paper therefore examines some definitions given by various scholars and notable
organisations. According to Davis (2001), Ombudsman occupies a position of high prestige in
the government and his job is to handle complaints from any citizen who displeased with the
action or inaction of any administration or civil servant. Put differently, ombudsman is an
independent and politically neutral public official that offers people an opportunity to have their
complaints heard, evaluated, and investigated by a neutral and independent body, and offers
recommendations to the involved parties (Rowat, 2012). To Frank (1986), Ombudsman means
an office established by constitution or statute headed by an independent, high level public
official who is responsible to the legislature, who receives complaints from aggrieved persons
against government agencies, officials and employees or who acts on his own motion, and has
power to investigate, recommend corrective action and issue reports.
Ombudsman is an independent, high-level official, usually with legal training, who is authorized
to handle complaints from citizens who are not satisfied with the actions or lack of actions of any
administrator in government, through the process of inquiring into the matters involved, and;
making recommendations for appropriate solution (Raj,1998). From his own perspective, Sultana
(2007) sees ombudsman is an institution established under the constitution or by the legislature
that receives and investigates complaints reported by individual citizens against any government
and institution and recommend corrective actions.
The Canadian Ombudsman Association conceptualized Ombudsman as:
an independent person appointed to receive, investigate and resolve complaints
from affected persons about unfairness in the administration of public services.
An Ombudsman usually has the authority to launch investigations on his or her
own initiative (cited in Owen, 1993)

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Similarly, the United States Ombudsman Association (USOA) in (Fajonyomi, 2012) provides a
comprehensive definition of Ombudsman thus:
an independent, impartial public official with authority and responsibility to
receive, investigate or informally address complaints about government actions,
and, when appropriate, make findings and recommendations, and publish reports.
From the above definitions, it shows that the features of Ombudsman include:
 independent of government.
 responsible for making sure that administrative practices and services of public bodies are
fair, reasonable, appropriate and equitable.
 able to conduct confidential investigations that are non threatening and protect
complainants against retribution.
It can therefore be ascertained that Ombudsman is an independent and nonpartisan officer,
provided for by law, who is an experienced person having authority to inquire into pronounce
upon grievances of citizens against public authorities. It also shows that there are two broad
types of ombudsman. First is the ombudsman appointed by the legislature and completely
independent of the executive. Secondly, the ombudsman can be appointed by the executive, but
acts independently of other administrative bodies.
Contextualising and Conceptualising Ethics and Ethical Dilemma
The concept of ethics is derived from Greek term 'ethos' which means the characteristic spirit of
a culture, inner disposition or ‘morality’. Ethics can be defined as a moral system of a particular
school of thought. Ethics has to do with the application of moral values to people's behavior
(Grint, 2007). Ethics is a set of rules or standards governing the moral conduct of employees in
an institution. Ethics deals with values relating to human conduct, with respect to rightness or
wrongness of particular actions and to the goodness or badness of the motives and ends of such
actions. Rightness refers to what ought to be or what is approved, while wrongness refers to what
ought not to be or what is disapproved of by society (Mafunisa, 2001).
Ethics can be seen as a system of moral principles that is based on values relating to human
conduct, with respect to the rightness or wrongness of certain actions and to the goodness and
badness of the motives and ends of such actions (Mbatha, 2005). Olanipekun (2006) defines
ethics as a practical, normative, philosophical science that studies and evaluates the rights and
wrongs of voluntary actions of human beings. Ethics deals with internal values that are a part of
corporate culture and shapes decisions concerning social responsibility with respect to the
external environment. An ethical issue is present in a situation when the actions of a person or
organization may hurt or benefit others.
As stated by Hosmer (1987), public administration ethics refers to the determination of what is
right and just in the decisions and actions that affect members of the public. Thus the concern
with ethics in the public service focuses on what is considered the right and just behaviour of
public officials. Public officials are expected to act in a proper and “just” manner in performing
their official duties. This position is based on the belief that there are “right” and “wrong” ways
of acting in a given situation, which, in turn, constitute a society’s moral standards (Mafunisa,
2000).
The above definitions provide insight into the complexity of what makes up ethics. In order to
understand ethics, one must accept the responsibility and accountability for one’s actions.
Further, people must have a concept of ‘right and wrong’ and a ‘moral code’.
Ethical dilemma refers to a situation that often involves complex and conflicting principles of
ethical behavior because no clear guideline is available on how to act and respond to a specific

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problem (Kitchener, 1984). An ethical dilemma is a situation where a person or institution has to
decide between two good or two bad solutions. A decision between an ethical and an unethical
solution is not a dilemma, but ethically clear. But if somebody has to decide in favor of one value
or objective while neglecting another one which is also important, it becomes an ethical
dilemma.
An ethical dilemma arises from a situation that necessitates a choice between competing sets of
principles. Thus an ethical dilemma can be described as a circumstance that requires a choice
between competing sets of principles in a given, usually undesirable or perplexing, situation.
Conflicts of interest are possibly the most obvious example that could place public sector leaders
in an ethical dilemma (Cranston, Ehrich & Kimber, 2002). Other types of ethical dilemmas in
which public servants may find themselves as observed by Edwards, 2001; Preston, Samford &
Connors (2002) include conflict between the values of public administration; justifications for
the institutions; aspects of the code of conduct; personal values and supervisor or governmental
directive; professional ethics and supervisor or governmental directive; personal values and
professional ethics versus governmental directive; blurred or competing accountabilities; and the
dimensions of ethical conduct.
Ethical dilemmas exist when public officials have to make decisions and choices between
alternatives. Baai (1999) supports this statement that ethical dilemmas arise where there is
conflict between competing obligations or between a sense of duty and self-interest. Kidder
(1995) is of the opinion that ethical dilemmas are conflicts between right and right, while moral
temptations relate to conflicts between right and wrong. Ethical dilemmas are issues such as
economic growth versus environmental protection, or discipline versus compassion towards
employees. These are conflicts between two or more right values and lie at the heart of ethical
decision-making. It is therefore imperative that public officials be clear about the content,
purpose and basis of their decisions. As noted by Hunt & Vasquez-Parraga (1993), it is important
for an individual to recognize the presence of ethical dilemma, since it acts as catalyst for the
entire decision-making process. This in the view of Jones (1991) is so because ethical decision-
making criteria will not be employed if the existence of ethical dilemma is unrecognized.
Theoretical Framework
Ethical theories are the foundations of ethical analysis because they are the viewpoints from
which guidance can be obtained along the way to a decision. Each theory emphasises different
points such as predicting the outcome and following one’s duties in order to reach an ethically
correct decision. There are three major schools of thought on ethics, and these include
consequentialism, deontology and utilitarianism. However, in order for an ethical theory to be
useful, Rainbow (2002) argues that the theory must be directed towards a common set of goals.
As a result, this paper adopts utilitarianism theory to analyse ethical dilemma in Nigerian public
administration. This is because theoretical investigations into ethical dilemmas in public sector
respond to theories that perceive public service as a value-laden profession and used to
accomplish the balance between societal and personal well-being.
Utilitarianism represents the dominant and most influential normative teleological or
consequential ethical philosophy. Utilitarian theorists, developed various approaches explaining
what should be perceived as good consequences. Classical utilitarians believe that the ultimate
good is something that most people actually desire, such as happiness or pleasure. In its simplest
form, utilitarianism states that in any situation where there is a moral choice, the right thing to do
is that which is likely to produce the greatest happiness for the greatest number of people or the
least harm to the world as a whole. Therefore, everyone ought to obey the laws that ensure the

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balance between the good for the individual and for the society as a whole (Rhodes, 1986). As
Clark (2000) states, the utilitarian approach on ethics provides a very important justification, that
of utility, however it fails as a single principle to examine the ethicality of human actions.
The important aspect of utilitarianism is its inclusiveness. It is the consideration of all. It is this
requirement to be comprehensive that distinguishes it from the more common form of
teleological reasoning, “The Ends Justify the Means” (Vance & Trani, 2008). Utilitarianism
focuses on ends and not on the means required to achieving those ends, and it takes into account
all present and future benefits and harms that accrue or might accrue to anyone who is affected
by the action, including items that may be difficult to evaluate accurately (Schumann, 2001).
Utilitarianism in public life has one great benefit; its impartiality, and one great weakness; it can
be overly demanding. Practically, the greatest benefit of the utilitarian theory would be the
requirement that all should at least be considered. This consideration would certainly influence
all public decisions, international and domestic, even if deontological and virtue ethics were part
of the moral reasoning (Singer, 2006). As the general public becomes confident that their elected
officials are making decisions for the good of the populace, they may become more interested in
the political process as a whole. This is one of the most important outcomes of this type of
utilitarian thinking, the trust that people will gain in the democratic process. Utilitarian decision
makers are required to estimate the effect of each alternative on all parties concerned, and to
select the one that optimizes the satisfaction of the greatest number.
The Genesis and Development of the institution of Ombudsman
The term Ombudsman was derived from the Germanic language and has its roots from the early
days of Germanic tribes. The person who was chosen from a neutral group to collect blood
money (Wergild) on behalf of the wrongdoer was called Ombudsman. But the modern office of
Ombudsman was first conceived in Sweden by the Swedish Constitution Act 1809 (Chowdhury,
1996), and has spread throughout the world. In the early 19th century the first ombudsman
institution was established in Sweden in 1809. The institution spread outside Sweden to Finland
in 1918, when Finland became independent from Russia. Followed by Denmark (1953) and
Norway (1958), where it was considered as a matter of necessity to establish machinery to
safeguard the citizenry’s right against civil servants’ abuses.
First ombudsman institution established outside Nordic countries was in New Zealand in 1962.
The institution of the ombudsman enjoyed the greatest popularity in the 1960’s, when mainly
European countries established the institution. Today, with the expansion of every society and its
government, ombudsman are found in the Scandinavian countries, Great Britain, New Zealand,
West Germany, Canada and so on. In addition, similar agencies like the ombudsman system exist
in France, the United States Army, the USSR, Tanzania, Nigeria, Japan, China, Zambia etc.
(Daniel, 2013).
It is therefore important to note that the name given to the Ombudsman institution varies from
one country to the other. Emulating the Scandinavian countries, various countries have
established the ombudsman system which has assumed different names in different countries. In
some instances like that of France and Spain, some of the former colonies retain the same
nomenclature for their Ombudsman. Some of these names/nomenclatures are stated below.
S/N Countries Nomenclature Year of Establishment
1 Sweden Justitie ombudsman 1809
2 Tanzania Parliamentary Commission of Enquiry 1966
3 United Kingdom Commissioner for Administration 1967
4 Canada Protecteur du Citoyen 1967

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5 Sri Lanka Commissioner for Administration 1971

6 India Lok Ayukta 1971
7 France Mediateur de la Republique 1973
8 Nigeria Public Complaints Commission 1975
9 Portugal Provedor De Justica 1975
10 Austria Volksanwaltschaft 1977
11 Spain Defensores del Pueblo 1981
12 Uganda Inspector General of Government 1986
Adapted from Fajonyomi, S.B (2012)

In the continent of Africa, the ombudsman institution is now widely accepted as one of the key
components of the democratic transition in Africa. The first generation of ombudsman
institutions is a clear reflection of a more open and liberal atmosphere on the continent. The
factors largely responsible for giving the concept a wide currency are the British Commonwealth
and the influence of the French. According to Oosting (1996), the permanent commission of
Enquiry in Tanzania, established in 1965 “was the first ombudsman’s institution in Africa”, and
thus was in the vanguard of the dissemination of the idea especially amongst the Anglophone
countries in Africa.
After gaining independence from the British Colonial rule, the Nigerian government did not
deviate from the established practice of the colonial administration in relation to the protection of
the right of the citizens. The only available channel for citizens to challenge arbitrary and
capricious actions of administrative officials is the ordinary court of law. Justice in the
administrative areas under this arrangement often seems slow and wanting. By the mid-seventies,
military rule in Nigeria even though an aberration, has become well entrenched in our polity.
Arising from the flagrant disregard of lawfully laid down rules, regulation and administrative
excesses and abuse of the office morale among the civil servants had declined ever before the
democratic government. Worried by public outcry, the federal government thought of borrowing
the idea of setting up a Commission for listening, receiving and resolving public outcry
concerning bureaucratic injustice, a sort of corrective institution. The government wanted an
organ that could curtail abuses of all due process and privileges by bureaucrats. It thus set up a
panel known as Udoji Public Service Review Panel which went into action. Accepting the Udoji
Public Service Review Panel’s recommendation, the Federal Military Government promulgated
the commission’s enabling law, the Decree No. 31 of 1975 (Awpeju & Oyewole, 2011). Thus,
Ombudsman was established in Nigeria in 1975. It is important to note that the institution of
Ombudsman in Nigeria is refers to as Public Complaint Commission (PCC).
The evolution of the Ombudsman can be summarized in four phases. These include:
1) Early Scandinavian Movement: 1809 – 1962. This is the period when ombudsman was
mainly practiced in Sweden, Denmark and Norway. These are the countries referred to as
Scandinavian countries.
2) Universalization of Movement: 1962 – 1990. This was the period when ombudsman
became acceptable in most countries of the world as an instrument of ensuring
accountability in governance. Be it developed or developing societies.
3) Era of Regime Transformation: 1990 – 2000. This is the period when regimes begun
changing around the world. Most countries are changing from autocratic regime to
democratic elected government.

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4) Early 21st Century Consolidation: 2000 till date. During this period emphasis is placed
on effective service delivery as a result of globalization and the changing nature of
government in different countries of the world (Ayeni, 2013)
The Raison D’êtres of Ombudsman System
The modern Ombudsman institution is an important pillar of effective accountability and service
delivery in the public service. The office has enormous potential for promoting ethical
governance and optimising public accountability through enhancing the people's voice and the
state's conscience. The Ombudsman office can also make a significant contribution towards
ensuring that the exercise of state power and control over state resources and opportunities
resources is always informed by public interest and fairness thus contributing to the protection
and promotion of human rights and ultimately, peace and stability. The Ombudsman is,
therefore, a formidable institution and can or should not be taken for granted. The importance of
the Ombudsman was aptly captured by Pearce (1993:13) thus:
… undoubtedly the most valuable institution from the viewpoint of both the citizen
and bureaucrat that has evolved during this century....there has been broad
public demand for the establishment of an Ombudsman to resolve problems in a
very large number of countries and institutions. This astonishing growth of an
institution is not and has not been emulated by any other body. Contrast the many
centuries that it took Parliament and the Courts to establish their roles...
In modern times the government in both developed and developing countries have assumed with
varying number and volume and enormous multitude of functions and roles in the field of socio-
economic welfare of the citizens. The scope and dimension of the activities of the government
and those of the powers and the authorities of the officials and public agencies have thus
expanded enormously. As a result, the government has become complicated in modern times
(Gellhorn, 2001). As a result, it has been felt that the existing machineries for adjusting and
redressing grievances of the individuals increasingly tend to be inadequate to fulfill this purpose.
Nowadays, the court has traditionally played a very important role in correcting abuse by
administration. But a number of problems are associated with the role of the judiciary. Unlike the
Ombudsman system, informal investigation cannot be conducted by the regular or ordinary
courts. Legislation is expensive, time-consuming, protracted, slow and very complicated and
cumbersome process. The judicial process is also highly impersonal and formal. On the contrary,
the process of Ombudsman's investigation is very informal and flexible and there is an element
of personal touch and concern. Furthermore, as the complainant is required to pay a very
nominal or no fee/deposit, the Ombudsman provides a much cheaper justice than the regular
court/judicial system can offer (Abedin, 1992).
Frank (2012) made extensive research on Ombudsman system. According to him, the reasons for
the adoption of Ombudsman are as follows:
 The Ombudsman as an independent body assists the legislature in its function of
maintaining the activities of government agencies and officials.
 The Ombudsman system has as its basic purpose the protection of the human rights of the
citizens.
 The existing mechanisms for adjusting grievances in modern system are inadequate. In
law courts litigation is expensive, tension creating and protracted. Administrative courts
follow court like procedures. Executive complaint handling agencies lack the essential
characteristics of independence.

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 The Ombudsman provides the citizens with an expert and impartial agent who acts
informally, without delay, without requirement of counsel and recommends corrective
action.
 The presence of the Ombudsman has psychological value. The citizens become confident
as there is a watchdog and it serves as deterrent to the bureaucracy (Frank, 2012:241).
The Office of the Ombudsman functions as an independent body to ensure that citizens have an
avenue opens to them, free of red-tape, and free of political interference. Despite proactive
functions such as to contribute towards educational and developmental issues, the Ombudsman
has reactive functions as laid down in the Constitution and the Ombudsman Act. The role of an
ombudsman is to ensure government accountability through effective oversight of the
administration of government services. It can be helpful to conceptualize the role of ombudsman
as a “commissioner for fairness.”
It is evident that ombudsman have dual roles. On one hand, they provide redress for individual
grievances, while on the other hand they are concerned with the improvement of service delivery
standard.
Ethics and Ombudsman: The Interface
Ethics and Ombudsman have often been thought of as mutually-reinforcing concepts. They are
important elements in comprising the “body and soul” of public administration (Menzel, 2003).
Accordingly, several scholars and practitioners have sought to identify and understand the ethical
responsibility of the public administrator.
Ethics is not a new topic in public administration, and the amount of information on the subject
demonstrates the importance of ethics in the field. The reputation and success of governance
depends upon the conduct of public functionaries and what the public believe about their
conduct. It is therefore of fundamental importance that public functionaries act justly and fairly
to all, not only paying lip service to ethical conduct but also ensuring that these are manifestly
and undoubtedly seen to be done. It is imperative that all public functionaries upon accepting
government employment recognize that they have a special duty to be open, fair and impartial in
their dealings with society. Denhardt & Denhardt (2002) argue that public administrators
influence, and are influenced by, all of the competing standards, values, and preferences of the
complex governance system. These variables not only influence, and are influenced by, public
administrators; they also represent points of accountability. For instance, Maesschalk (2004),
found that the framework for New Public Management has a definite impact of the ethical
decisions of administrators. Today, ethics seems an especially urgent aspect of public
administration.
Globally the concept of ombudsman has been promoted in public administration. It is seen that
this concept is related to the measures which promote establishment of accountability and
transparency mechanisms leading to the reduction in unethical practices and development of
quality service delivery in the public service. The values that are promoted by the ethics of the
service of goods are mainly efficiency and maximization of the inputs to outputs (Radhika,
2012). Ombudsman is a key instrument that has been used with regard to holding leaders
accountable, particularly in the area of ethical conduct. The interface between Ombudsman and
ethics is that Ombudsman handles cases involving allegations of violations of ethical standard in
the public service. Ombudsman encourages a certain work ethic and compels public officials
within government to behave in an ethical way. According to Brammer & Millington (2005),
attention to ethics in a professional setting guides how public officials should act. Even more
importantly, the existence and practice of ethics in a workplace helps to ensure that strong moral

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principles are retained, even during difficult times and struggles. For many institutions,
Ombudsman has become a force to reckon with in mission-driven and maintenance of ethical
standards. This implies that public officials in delivering services to the people can be honest.
Honesty is one of the core values when one refers to ethical behaviour.
It is necessary to have an institution which makes available the standardization of professional
ethical values, and an Aristotelian procedure of absorbing constant adjustments. This
achievement resides in true ethics-based politics, which is standardized and universal. It is a must
to move from forced bureaucratic demands to more agreement-based behaviour for public good
(Radhika, 2012). Ombudsman has helped to make public officials to realise that they occupy a
unique position in society and that the promotion of the general welfare of the community must
be their first priority. Their unique position must not be used for the furtherance of their ideas
and public officials must adhere to ethics which are seen as a system of moral principles which
Ombudsman tries to maintain. Ethics are essential for sound transparent public administration
and when viewed in conjunction with morals, serve as the cornerstone of transparent public
administration.
Ethical Dilemma and Nigerian Public Administration
Ethical dilemmas confront public sector managers as they endeavour to choose options amongst
competing sets of principles, values and beliefs. Badaracco (1992) refers to these competing sets
of principles as “spheres of responsibility” that have the potential to “pull (managers) in different
directions” and thus create ethical dilemmas for them. An ethical dilemma can be described as a
decision that requires a choice among competing sets of principles, often in complex and value
laden contexts. Kidder (1995) maintains that many of the ethical dilemmas facing professionals
and leaders “don't (just) centre upon right versus wrong (but can) involve right versus right”.
Ethical dilemmas can arise from equally attractive options that could be justified as being `right'
in particular situations (Duignan & Collins, 2003).
Unethical practices in the public sector have been with every country for thousands of years.
Since then, no period in the world history has been without its own kind of fraud, waste, and
abuse by the public officials mainly the political leaders appointed by the political party in
power, or by the acts and misdeeds of elected or career public servants. Changing times bring
changes in unethical practices and to some extent, a change in their focus. Although common
threads such as political influence and insider information about procurements continue to poison
the practice of government, changes in public perception about politicians of any persuasion
have led to a narrowing of the opportunities and incentives for unethical practices (Osborne,
2006). The problem of unethical practices in the public sector persists, however, and will
continue as long as government leaders continue to tolerate and, even worse, contribute to the
problem. Warwick (1981), in identifying some of the common ethical dilemmas faced by public
officials in the exercise of discretion, offers five ethical principles of guidance: the exercise of
discretion should serve the public interest; public officials should push back bounds on
rationality so that deliberation may take place; public officials should provide truthfulness in the
discharge of official responsibilities; public officials should demonstrate procedural respect; and
public officials should exercise restraints on the means chosen to accomplish organizational
ends.
Public servants swear on oath to be loyal to the Federal Republic of Nigeria on assuming office.
It is a ritual that all public servants undergo. However, no sooner had they come into office than
they forgot this oath and purse their private interest. Recent revelations of official misconducts in
the public service are case in point (Adenuga, 2001). The reflections on Nigeria's experience in

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dealing with public service ethical dilemma is a continuum of the growing global concern for
promoting ethical fitness as an underpinning tonic for sound public service and better
governance. Be that as it may, these reflections seek to highlight the types of ethical dilemmas
experienced in Nigeria's public service and the framework of mechanisms that the country has
adopted to navigate through the labyrinths of the ethical dilemmas as well as the commonly
encountered challenges. As noted by Abia (2006), the debate to curb ethical violations and
enforce accountability has intensified in Nigeria and Africa in general mainly due to four
reasons. These include:
(a) The increase in the incidence of unethical practices and lack of accountability;
(b) The wave of political liberalization, that engulfed most Africa since 1989, which has
emboldened a civil society into demanding greater enforcement of ethical standards and
the punishment of violators;
(c) A growing recognition that unethical practices have contributed to the economic
difficulties that many African countries faced, and;
(d) The pressure exerted by international donours requiring stricter adherence by African
countries to good governance and the curtailment of waste and squandering of resources.
In Nigeria, the public service sector is experiencing a myriad of problems ranging from lack of
indiscipline among the civil service workers, misappropriation of public funds, laziness at work,
corrupt practices and their cold and non-chalant attitude towards their job and colleagues and
moral values of the community. Since independence in 1960, Nigeria has battled integrity,
transparency and accountability problems within its public service. The crisis of governance over
the past decades in Nigeria has been associated with the collapse of ethical and professional
standards in virtually every aspect of our national life. Particularly, the inability to maintain
professional and ethical standards in the Armed Forces resulted in various military coups which
adversely affected every stratum of the Nigerian society. The Nigerian public service has
undergone changes and transformation over the years. However, successive reforms aimed at
achieving ethical standard, efficiency and effectiveness has failed to make significant impact in
terms of re-engineering the public sector (Chukwuebuka & Chidubem, 2011).
The Nigerian society is filled with stories of unethical practices such as stories of ghost workers
on the pay roll of Ministries, Extra-ministerial Departments and Parastatals, frauds,
embezzlements and setting ablaze of offices housing sensitive documents and corruption are
found everywhere in the country (Okwoli, 2004). One of the major ethical problems in the public
sector is associated with corrupt activities which robs the citizens of their access to public
services. It is argued that no other threat of effective public service performance in any nation
supersede the danger of corruption in the society (Sandholtz & Taagepera, 2005; Mohammed,
2013). Unethical behaviours, including bribery and corruption, are universal and possibly
inherent in human society existing in practically all countries of the world. In Nigeria, they have
attained disturbing levels. Their practice seemingly enjoys societal indifference instead of
condemnation. Unethical behaviour involves: immorality, debasement or bad conduct, it is evil
behaviour. The consequence of which are decay, loss of strength and prosperity, leading to
deterioration and rottenness. Such depravity includes bribes, using sex to secure favour, and
several forms of fraudulent practices (Ogundele, Hassan, Idris, & Aliu, 2013).
Nepotism and favouritism are also problems of ethical conduct in the Nigerian public service in
the sense that public resources are directed to the benefit of a particular cartel or clan or political
groupings. The problem of nepotism and favouritism is considered bad when other members of
the public coming from a minority group are discriminated against the benefit of the resources of

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a country. Such is becoming worse if policies to be implemented by government are rendered

impossible in relation to such dynamics. Public service in Nigeria is today viewed as an avenue
for sharing the national cake among public official. Hence, the unending demands for effective
public service delivery. The situation is further accelerated by the public perception that the
public service is amoral realm that is to be plundered to sustain individual. It is important to note
that repeated attempts have been made over the years to combat corrupt practices and ethical
violations. A common feature of those is the establishment of the institution of Ombudsman to
enforce ethical behavior.
Pathologies of Ombudsman in Nigerian Public Administration
Nigeria established Public Complaint Commission in 1975 to investigate complaints against
public officials. Yet, more crucial has been the fact that the incidence of ethical violation has
increased even when a large number of violators have been investigated. The salient question is
that why has this measure been generally unsuccessful, and given the extent to the malaise of
unethical conduct and hitherto limited power in dealing with it.
The institution of Ombudman in Nigerian has over the years been plagued by a number of
problems which continue to adversely affect its role as an instrument for checking unethical
practices in the public service. In the recent times, Ombudsman has been pronounced much more
in politico-administrative discussion. It is generally alleged that a major problem throughout
Nigeria's public sector is not only lack of accountability but also the nature of accountability. If
the administrators vested with vast authority but of unfettered type there is very apprehension
that they may become tyrannical. Hence, some sort of controls over the administration is
essential for ensuring accountability. In Nigeria, to make the administrators accountable and to
minimize mal-administration, inefficiency, arrogance and abuse of power which are built into the
system of our administration, some internal based on hierarchy and include time limits for
disposal of files, inspection, supervision, Annual Confidential Report, civil service conduct rules
etc. and external, such as parliamentary control, the role of the judiciary, the press and the
citizens or the pressure group mechanisms are existing within the system and society. But the
prevailing administrative process and internal mechanisms of control over administrative
malpractices is not so effective (Khan, 1995).
In practice, the ombudsman cannot order a decision to be quashed. This to a certain extent
negates the effectiveness of the system, because it makes the ombudsman decision vulnerable to
the wishes of the bureaucrats affected, whether the bureaucrats’ fear or respect the ombudsman’s
office. Ombudsman does not have powers to take its decisions to court for enforcement. This has
been restricted to recommendations and using soft powers of persuasion and mediation. Further,
the law does not expressly impose a duty on public agencies to comply with the decisions of the
Ombudsman. In addition, the weakness in the law has made public agencies to interpret their
duty to co-operate with the Ombudsman to mean cooperation during investigations, but not in
the enforcement of its decisions. This is made worse by the lack of clear strategy to enforce
decisions of the Ombudsman, making it to only rely on informal arrangements for Enforcement
(Medhane, 2013).
Judging from the practice of the institution of the ombudsman in Nigeria, what is however still
found worrisome is that despite the adoption of the office of the ombudsman into the governance
and administrative practices in Nigeria, a lot of shortcomings are still being detected in the way
they operate. The high incidences of corruption, the lack of respect for democratic tenets,
poverty, ignorance and the near absence of enforceable agencies are factors that have been
constraining the institution of the ombudsman from performing to the high level of efficiency

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and effectiveness that is expected of it. Also, the control of the institution of the ombudsman in
Nigeria is still very mush tied to the apronstring of government. This shows that Ombudsman in
Nigeria lacks the essential characteristics of independence (Mukoro, 2013). Therefore, an urgent
need of the time is to evolve an adequate and effective mechanism for controlling the
administration in exercising its powers, safeguarding individual rights and creating procedures
for redress of individual grievances against the administration.
A critical overview of the performance of Ombudsman office in Nigeria show that there are still
a lot of flaws in matters of maintaining ethical standard, accountability and good governance,
largely as a result of over centralization of government and its bureaucratic character and its
unwillingness to become truly democratic. The resultant effect has been that many persons
cannot meaningfully seek redress against mal-administration nor can they complain about poor
governance and service delivery. Another ethical problem is the low sense of integrity among
civil servants. This low sense of integrity provides a fertile ground for pilfering and diversion of
resources for private use, falsification of contracts as well as leaking of official records and
government classified information (Osborne, 2006).
Ombudsman offices are prevented from investigating cases where litigation is pending before a
court or where judgement on the same facts has already been delivered. Another major hindrance
to the effectiveness of Ombudsman in Nigeria is that of inadequate finance to run its affairs
sensitizing and advocating the idea of public accountability and educating the public about the
existence of the Commission and its functions. It is observed that not many people are aware of
the function, work and achievement of the Public Complaints Commission due to lack of
adequate publicity (Radhika, 2012). The effectiveness of the ombudsman is seriously hindered if
there is no adequate co-operation between the government bodies and other institutions
concerned with improving ethical standards and improvement of good governance. Despite these
challenges, the Ombudsman in Nigeria has made strides and has a promising future.
Conclusion and Policy Implications
Ombudsman is the institution that controls the mal-administration done by the public official.
The office of Ombudsman is a crucial institution in ensuring both transparency and
accountability of government decision making around the world. It is also a cost-effective
institution in that the Ombudsman has the flexibility to deal with matters informally.
The ombudsman can improve the accountability and improve ethical standard of governments by
permitting members of the public to lodge complaints that the government has not acted legally
or fairly; investigating the conduct of public administration; recommending changes of law,
policy or practice when illegal or improper administration is uncovered; reporting to the
legislature and the public; ability to take cases to constitutional and other courts for judicial
determination; and the power to prosecute state officials. By holding public officials responsible
for the abuse of governing power, the ombudsman also facilitate a legitimate government.
The Ombudsman is no longer just a concept, neither is it an organization; it is an institution and
has become increasingly looking like a club because everybody wants to be part of it and call
themselves Ombudsmen. It has also grown a lot of professional networks in all regions of the
world. The Ombudsman has also increasingly become a brand. The Ombudsman provided an
opportunity for checks on abuse of enormous powers entrusted to public officers. It therefore
became a system of protection of individuals against the executive and administrative misuse and
abuse of power. The institution of ombudsman is part of the story of state transformation in the
twentieth century; its effectiveness needs to be situated within the functioning of the
encapsulating state.

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More than ever, the 21st century will require our ethical decision to be inclusive. While it is easy
to say that officials should subject themselves to more rigorous decision making, there are of
course other areas that must be examined as well. It has been shown that competence in one’s
field can lead to more stringent ethical decisions, so it is equally important to allow officials the
tools to make the best decisions for the most people (Macaulay & Lawton, 2006). Therefore,
there is always more that can be done on an individual level to help improve ethical decision
making. In order not to render the Ombudsman as a toothless bull-dog that can only bark but
cannot bite, it is hereby recommended that its decisions should be made enforceable and binding
on the parties. The fact that Ombudsman is a watch-dog for social justice and promoter of
peaceful conduct of state affairs, it is necessary to equip it with the necessary administrative
wherewithal to be able to make its decisions binding. It should be given the power to prosecute
and follow its cases to logical conclusions before some designated high courts similar to the law
and practice governing the conduct of Economic and Financial Crimes Commission (EFCC).
This will further make the Commission achieve its vision statement of ensuring the protection of
the vulnerable individuals against administrative injustice which it is irrevocably committed to.
Also, government should improve on the financial allocation to the Commission for optimal
performance of the commission. It is imperative that all public functionaries upon accepting
government employment recognize that they have a special duty to be open, fair and impartial in
their dealings with society. Personal self-interest should be subordinate to the public good in all
circumstances, especially if circumstances arise where the possibility of a conflict of interest may
become an ethical dilemma.
The Ombudsman needs to come up with a communication strategy to educate and bring
awareness of the public on its key role. It is important for the Ombudsman to understand that
they hold no magic wand to make things happen. The Ombudsman’s goal should be a continuous
quest for justice. It becomes apparent that adequate publicity and awareness should be given to
the general public on the functions and services rendered by the commission. It is also of
importance for government to give the Commission enough power to carry out its
responsibilities independently without any interference this can only be done when adequate
funds will be provided for the Commission in terms of its budget so that the Commission
assumes it neutrality and impartiality when taking decision after its investigation. For the
functioning of the ombudsman it is necessary that appropriate financial resources are provided.
The ombudsman institutions must be in the position to employ the needed human resources for
the effective case handling and more general investigations and recommendations on the
violations of the side of the authorities. In addition, it is necessary that the resources are provided
for adequate accessibility of the institution.
The Ombudsman must adapt in the changing environment to become more relevant and respond
to the challenges and provide appropriate services to the people. In addition, the Ombudsman
should jealously guard its independence since it determines its credibility and survival. The
Ombudsman should be able to act in equity and make public administration more sensitive to
public opinion and more responsive to demands of fairness and justice. In other words, the
Ombudsman must strive, with the co-operation of public officers, to bring an administration with
a human face.
From the above discussion, it is clear that though the establishment of an Ombudsman in Nigeria
has not been able to effectively curb unethical practices in Nigerian public administration due to
constitutional and other barriers to its effectiveness. It is clear that the establishment of an
ombudsman will undoubtedly go a long way in helping to ensure ethical conduct and good

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governance. If the government's pledge to the people is to serve them and bring accountability
and transparency within the public administration there is no alternative but to set up an office of
ombudsman. It is our believe in this paper that Ombudsman will undoubtedly go a long way in
helping to establish an effective and efficient public administration based on ethical principles
and standards for the well being of the people at large. To conclude, it is worth noting that ethical
behaviour, where it is promoted and corruption combated. The performance of public
administration will be improved towards effective public service delivery for the benefits and
wellbeing of the citizenry.

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