Overhauling Govt Agencies Towards a Greater Nationhood

OVERHAULING GOVERNMENT AGENCIES TOWARDS A GREATER NATIONHOOD

     The last time I thoroughly checked, numerous federal cum state government’s agencies and commissions were earnestly yearning for overhaul toward ensuring that the respective prime essence of establishing them are duly actualized. Suchlike lapses, if not adequately addressed, are liable to bedevil the anticipated manifestation of the ongoing change mantra informed by the President Buhari – led administration.

     A government agency or commission is a permanent or temporary arm, which is often peculiar to a democratic setting, that’s responsible for the administration and oversight of specific functions. In any country across the globe, there are quite a number of government agencies set up for different unique purposes. A given government agency is usually distinct both from a department or ministry, and other kinds of public structures established by the government. The functions of a government agency are mainly executive in character since different forms of agencies or commissions are most commonly constituted for an advisory role.

     It’s noteworthy that, a government agency may be set up by either a federal government or state government within a federal system. The term is not commonly used for a body or an organization established by the powers of a local government otherwise known as the ‘third-tier government’. Agencies can be set up via legislation or by executive immunity. Moreover, the autonomy, independence and accountability of government agencies also vary based on the ground or principle on which they were constituted.

     Similarly, a regulatory agency is a governmental body whose establishment is solely approved by a legislature to implement and thereafter enforce specific laws. a regulatory agency or commission has quasi-legislative, executive and judicial functions, in the sense that while exercising its obligatory functions, it can in some occasions act like a legislature, an executive arm, or a judicial body, as the case may be.

     For instance, a regulatory agency can set up a special court via the government’s approval; in such case, it can exercise the statutory functions of the judiciary with the aid of the judicial custodians employed by the establishment. This is why a regulatory agency is expected to, in all circumstances, be made up of individuals that have no trace of any criminal record or questionable background.

     If you own or run a business venture, you probably know it is subject to a cornucopia of laws. Undoubtedly, your business is subject to laws that govern social and economic matters including income taxation, payroll taxation, occupational health, as well as environmental, safety, real estate, employment, and criminal laws, coupled with other laws that are specifically related to your particular industry.

     With the help of regulatory agencies, the government could handle or oversee the aforementioned civic responsibility. Regulatory agencies exercise two basic roles namely, implementation of laws and enforcement of laws. Regulations are the means by which a regulatory agency implements laws enacted by the legislature of the country or province in question, as the case may be. Thus, regulations can be described as formal rules based upon the laws of the affected country/state that govern specific social and economic activities.

     Regarding implementation of laws, regulatory agencies use a specific procedure to create and implement regulations. The federal process, for instance, abides by a procedure comprising advance notice, proposed regulation, public comments, review of comments, as well as final regulation. An agency that is about to commence drafting new regulations would publish advance notice of its proposed rulemaking in the Federal Register.

     The proposed regulations are published and the public would be therein invited to comment. Thereafter, the agency is expected to review the public comments and may or may not make any changes in this regard. Consequently, the completed regulation is published in the Federal Register and will eventually be added to the Code of Federal Regulation which is essential a list of all federal
regulations broken up into titles and chapters. Finally, the regulation is implemented or made effective, and enforcement commences immediately.

         Regulatory enforcement, which is often abused in a country like ours, is another rudimentary role exercised by regulatory agencies. Agencies have a responsibility to monitor businesses or individuals to ensure they are complying with regulations. Though agencies vary on how they perform their respective enforcement responsibilities, generally they abide by investigation, decision, and appeal. If an agency has reason to believe that a certain business or an individual has violated its regulations, the agency is meant to commence an investigation without much ado.

     The investigation may include interviewing relevant witnesses and reviewing documents. Some investigation may include scientific testing. In Nigeria, some regulatory agencies are usually partisan while conducting their investigations, thus such anomaly requires an urgent cross-examination by the apt authority.

     Furthermore, after the investigation, the agency would make a decision, demand any corrective action if necessary as well as impose any appropriate penalty on the offender as authorized by the law. A firm or an individual possesses a right to appeal any decision made by an agency. Most times, an agency’s decision is appealed through the agency that rendered the decision which is known as an administrative appeal. Sometimes, such appeal can be handled by the effort of a special court.

     It was the late great philosopher, Socrates that said “An unexamined life isn’t worth living”. Taking a painstaking study of the federal and state governments’ agencies in Nigeria, particularly the former, it’s needless to reiterate that most of these agencies or commissions, especially those established to exercise regulatory functions, are seriously crying for a compelling review or reexamination towards achieving a more effective and efficient productivity.

     To this end, it’s high time we reviewed most of the laws biding these agencies so we could make amends if need be. Aside the conventional agencies, the regulatory ones such as, but not limited to, the National Drug law Enforcement Agency (NDLEA), Nigerian Communications Commission (NCC), and the National Agency for Food and Drug Administration and Control (NAFDAC) were set up to assist the government in the enforcement of severe laws that otherwise could not be properly enforced.

     However, it’s appalling and pathetic to note that most of these agencies, rather than doing the needful, end up doing otherwise at the long run owing to corruption. We could boast of an agency like the Nigerian Copyright Commission (NCC); still, plagiarism prevails in the country and is currently on the rampage.

     It’s not anymore news that most of these agencies have been characterized by several uncalled factors including partisanship, favouritism, mediocrity, and what have you. These constituted bodies are meant to be independent in the discharge of their lawful duties, but on the contrary, in most cases you would observe that they dance to the tune of most influential Nigerians or corporate organizations thereby abusing the laws or principles on which they were founded.

     Inter alia, some similar federal agencies like the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related crimes Commission (ICPC) alongside the Consumer Protection Council (CPC) and the Standards Organization of Nigeria (SON) are meant to be merged headlong, whilst few others that are currently incapacitated or no longer in vogue ought to be scrapped or better still embedded in other related agencies, towards enabling space for creation of new ones that the country is presently in need of. Currently, Nigeria is arguably yearning for establishment of bodies to include commission as well as tribunal for electoral violence that would tremendously assist the Independent National Electoral Commission (INEC) in fighting crimes occasioned by political unrest.   

     In the same vein, agencies like the National Youth Service Corps (NYSC) ought to be strengthened. The Skill Acquisition and Entrepreneurship Development (SAED) programme currently taking place in the scheme should be made compulsory by the management; especially at this point the country is deeply concerned about uplifting entrepreneurship drive among our young ones or the citizenry at large. It’s worthy to note that most of the corps members dodge the said programme in the process, thus the management of the agency need to employ a device toward ensuring that every corps member participate actively in the programme.

     Above all, there’s need for the leaders of all the existing federal agencies in Nigeria to regularly read the riot act to their entire staff or personnel so that they would be conscious of them at all costs; the state owned ones should also follow suit. More so, in their oversight functions, the legislatures of both the federal and state governments, as the case may be, are expected to from time to time summon the leadership of any agency to their chambers whenever skepticism arises or if they sensed any foul play. Let’s overhaul them now for greater nationhood. Think about it!

          

Comr Fred Doc Nwaozor

(TheMediaAmbassador)

-Public Affairs analyst & Civil Rights activist-

Chief Executive Director, Centre for Counselling, Research

& Career Development - Owerri

_____________________________________

frednwaozor@gmail.com

+2348028608056