THE IMPACT OF DUE PROCESS POLICY ON SUSTAINABLE DEVELOPMENT IN NIGERIA

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.

1. Prior to the due process mechanism, does the Ministry have laid down regulation on contract award
2. Does the Ministry have due process office?
3. Does an engineer in the ministry effectively supervise government projects?

1.8 DEFINITION OF TERMS

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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