PCC Act

PCC ACT

An Act to establish the Public Complaints Commission with wide powers to inquire into complaints by members of the public concerning the administrative action of any public authority and companies or their officials, and other matters ancillary thereto.

Section 1

Establishment of Public Complaints Commission

Section 2

Appointment, Tenure of Office, etc., of Chief Commissioner and Commissioners

Section 3

Appointment and Tenure of Office of Other Staff

Section 4

Application of Pensions Act

Section 5

Powers and Duties of Commissioners

  • any Department or Ministry of the Federal or any State Government;
  • any Department of any local government authority (howsoever designated) set up in any State in the Federation;
  • any statutory corporation or public institution set up by any Government in Nigeria;
  • 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
  • any officer or servant of any of the aforementioned bodies.
  • the Chief Commissioner may determine the manner by which complaints are to be lodged;
  • 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;
  • 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 sub-section (2) of this section;
  • 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-
  • contrary to any law or regulation;
  • mistaken in law or arbitrary in the ascertainment of fact;
  • unreasonable, unfair, oppressive or inconsistent with the general functions of administrative organs;
  • improper in motivation or based on irrelevant considerations;
  • unclear or inadequately explained; or
  • otherwise objectionable; and
  • a Commissioner shall be competent to investigate administrative procedures of any court of law in Nigeria.
Section 6

Restrictions

  • that is clearly outside his terms of reference;
  • that is pending before the National Assembly, the Council of State or the President;
  • that is pending before any court of law in Nigeria;
  • relating to anything done or purported to be done in respect of any member of the armed forces in Nigeria or the Nigeria Police Force under the Armed Forces Act, or the Police Act, as the case may be;
  • in which the complainant has not, in the opinion of the Commissioner, exhausted all available legal or administrative procedures;
  • relating to any act or thing done before 29 July 1975 or in respect of which the complaint is lodged later than twelve months after the date of the act or thing done from which the complaint arose;
  • in which the complainant has no personal interest.
Section 7

Recommendations After Investigation

  • that a further consideration of the matter be made;
  • that a modification or cancellation of the offending administrative or other act be effected;
  • that an alteration of a regulation or ruling be effected;
  • that full reasons behind a particular administrative or other act be given.
Section 8

Offenses and Penalties Therefor

Section 9

Power to Summon Persons

Section 10

Immunity from Legal Process

Section 11

Interpretation

  • Commission” means the Public Complaints Commission established under section 1 of this Act;
  • “Commissioner” means any person appointed as such pursuant to section 2 of this Act and references to Commissioner or Commissioners include, where appropriate, references to the Chief Commissioner;
  • “law” means any Act or Law, and includes any subsidiary legislation made under any of them.
Section 12

Short Title, etc.

We provide the machinery for the control of administrative excesses (non- adherence to procedures or abuse of law)

25 Aguiyi Ironsi Street, Maitama, Abuja, Nigeria.
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