THE IMPACT OF DUE PROCESS POLICY ON SUSTAINABLE DEVELOPMENT IN NIGERIA
(A CASE STUDY OF KOGI STATE MINISTRY OF WORKS, LOKOJA)
ABSTRACT
This research work is poised to look
into The Impact of Due Process Policy on Sustainable Development in
Nigeria. A case study of Kogi State Ministry of Works, Lokoja. The
research work is divided into five chapters with each chapter linking
each other. To determine whether due process policy makes difference in
national spending (expenditure) Two methods of data collection were used
i.e. the primary and secondary sources of data and the data was
analyzed using simple percentage method for easy understanding. The
findings revealed that no enough engineers to effectively supervise
government contracts. At the end of the research work, it was
recommended that The Ministry should employ more competent engineers and
that any contract poorly executed should not be approved until they
have made very necessary amendment.
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND TO THE STUDY
This research work is on due process
policy for sustainable development in Nigeria, with a focus on the state
Ministry of Works in the award of contract in Kogi State.
Due process mechanism is one of the
policies which promotes and encourages accountability and probity in the
disbursement of government fund. In recent years, government had spend
millions of naira on the provision of infrastructural amenities such as
road contraction, rural electrification, provision of hospital,
provision of portable water supply and so many other social amenities.
In most cases, some of these projects
are not well carried out according to the contract agreement which as a
result leads to poor project execution for rapid development in Kogi
State, the researcher decided to embark on this research work with the
aim of suggesting the best means of applying due process policy in the
activities of the Kogi State Ministry of Works in handling of government
contracts.
The research work is divided into five parts according to the table of contents which is the guide to the research work.
Chapter one contain the introduction
aspect of the research work, chapter two is on the review of relevant
literature, chapter three deals with the research methodology, chapter
four is on the analysis of data obtained through the research
questionnaire while chapter five is the conclusion to the research work.
The state ministry of works have many
functions or roles to play to facilitate infrastructural development of
the state because this organization has the statutory function of the
supervision of all the contracts awarded by the state government in the
areas of rural road rehabilitation and construction of school buildings,
laboratories and hostels, upgrading existing water projects.
Construction of bridges and
electrification of the rural areas to enhance the living standards of
the project. It is obvious that when government award contracts for all
the projects mentioned above, may not be able to supervise these project
alone.
It is the duty of the engineers,
quantity surveyors, and builders. It is relevant to note that, due
process office does not initiate the process for contracts awarded nor
award contracts. The responsibilities of due process policy office is to
view what the spending unit have done in order to determine whether or
not they have complied with due process guidelines of the government and
in regards that, only contract where due process guidelines have been
fully compiled with due process guidelines of the government and in
regards to that, only contracts where due process underline have been
fully observed are certified.
1.2 STATEMENT OF RESEARCH PROBLEMS
The research work is on due process
policy for sustainable development in Nigeria, a case study of Kogi
State Ministry of Works in the award of contracts in the state, which
the researcher has choose due to the problem associated with the award
of contracts in the state. The statement of problems is:
The state senior public servants collude
with foreign contractors as well as their self registered companies to
take contract for government jobs, highly inflated cost and which are at
other times reluctant executed and are at other times not even done at
all. This high level of corruption among urban and regional planners and
host of other. Professionals in the ministry of works to ensure that
contracts awarded are executed in accordance with the acceptable
standard, and to ensure that the best quality of materials are used for
government contracts.
The state government spend a lot of
money on provision of infrastructural facilities but majority of the
people have no access to these facilities because certain percentage of
the money voted for the projects end up in private accounts.
For effective utilization of the
millions of naira budgets on government contracts, there is need to
introduce due process policy in all the process of government contract
from when the contracts were bribed for the execution of the contracts
so that no sub standard projects will be commissioned by the state
government, only contracts that can add value to the living standard of
people will be commissioned.
Due process policy is part of the reform
programme of the government which ushered in accountability,
efficiency, transparency and probity in contract award procedures. It is
also a viable tool for the fight against corruption.
There are poor contract on road construction and rehabilitation which have caused many accidents and untimely death
Many contracts have been awarded to incompetent contractors due to the abuse of due process policy.
1.3 OBJECTIVES OF THE STUDY
It is always said that every problem
must have a solution, the same is applied to the problem posed by due
process mechanism in the award of contract in the state to ensure
sustainable development in Kogi State.
- To determine whether due process policy makes difference in national spending (expenditure)
- To explain the meaning of policy formulation and implementation.
- To explain the concept of due process
- To assess the benefits of due process
- To identify the challenges of the application of due process
- To recommend how due process can be effectively implemented in the state ministry of works.
1.4 SIGNIFICANCE OF THE STUDY
This research work will be of great
advantage to all organization to all organizations especially the
Ministry of Works, Lokoja, in providing a good and procurement system
that will promote transparency, openness and competitiveness in good
practice and reduce inefficiency in services.
Also, this work will unveil corruption,
waste and inefficiency in the award of official rules for self interest
which has become a norm in the state and possible solution to be taken.
Furthermore, it will be useful to
academicians, students of administration and non administration, even in
particular to the researcher to the process and guidelines on contract
awarding in order to widen their intellectual understanding of
government activities.
Lastly, it will be of great importance
to future researchers as a guide in monitoring activities of the
government giving further suggestion in case of deviation in such
process as well as sources of information. So some researchers will keep
them to build an existing knowledge and solving future problems.
1.5 SCOPE OF THE STUDY
This research is focused on the activities of Kogi State Ministry of Works Lokoja.
The researcher wish to assess the due
process policy in the award of contract, in contract bidding, contract
execution and certification of contract for payment. To make sure that
the state government derive quality remark from the work done. The
researcher is expected to cover the activities of the Ministry.
1.6 LIMITATIONS OF THE STUDY
The researcher faced some cumbersome
conditions in the course of writing this project work. due process being
a new policy does not have adequate information in most of the
textbooks and journals within the disposal of the research in Lokoja,
the researcher had to visit the ministry to interview some key
officials.
However, some respondents were not ready
to reveal some facts about contracts award in the state. Some of the
respondents also said that, anything about contracts award is purely
political and feel that researcher should go to the government house as
the ministry only deals with provision of approval of projects.
Another problem faced with the
researcher is inadequate finance to collect data for research work as
most of the information on due process are on the internet.
Thus, the research work was conducted
along with other class work like test assignment, as a result, it was
difficult to have adequate time for the research work.
1.7 RESEARCH QUESTIONS
In carrying out the research work, the
researcher wish to visit the Ministry of Works Lokoja and ask these few
questions from the respondents. These questions will help the researcher
to obtain relevant information to this study.
- Prior to the due process mechanism, does the Ministry have laid down regulation on contract award
- Does the Ministry have due process office?
- Does an engineer in the ministry effectively supervise government projects?
In the course of the study, key term
like due process policy, sustainable development, social development,
contract, reforms, policy formulation and policy implementation will be
discussed.
Due process: Daniel
Webster (1982-1992) have classic description of due process as that
which hears before it condemns which upon inquiry and render judgement
only after trial procedure due process requires legal system to follow
the rules.
According to Ezekwesili (2004:8-7), Due
process is a mechanism conventionalized as one that seek to ensure that
budget spending is not only based on arithmetic reasoning and fair
costing but also appropriately geared towards the realization of set
priorities and targets
Policy: Policy means the plans of government for the people and how the government plans to execute its plans.
Sustainable development: Sustainable
development is a national movement and approach which has developed
into global wave of concern. Sustainable development reforms to a mode
of human development in which resources use aims to meet human needs,
can be met not only in the present, but also for generations to come.
Social development: This
means the provision and improvement of basic quality of life or
standard of living of the people, state or nation. Example of social
development are good health, quality education, free medical services,
access to good roads network, free housing to mention but a few i.e. etc
Contract: Contract is
an agreement between two or more people which is tended to be
enforceable by law. It must be agreed upon terms and condition, with a
clear statement of validity and otherwise.
Reforms: This entails
the review of government policies in line with the latest developmental
needs of the country. Example of reform is due process.
Policy formulation: This involves the brought to being of a new idea, it is the first step in policy process.
Policy implementation: This involves executing the policies of the government by transforming government policies and projects.
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