DUE PROCESS AS AN INSTRUMENT FOR PUBLIC ACCOUNTABILITY: A Case Study of Ministry of Finance and Budget (original) (raw)
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Accountability requires a constitutionalism of human rights and the empowerment of judiciaries to enforce and protect the human rights. Human rights have been constitutionalised and the court was granted specific powers of judicial review to enforce the value of these rights by policing the actions of legislature and executive branches of government. Safeguarding the people from being oppress thus contributes to fairness. This paper attempted to discuss the principles under Judicial Review and how it works to regulate the government towards accountability. How these misconducts are controlled to instill fairness and accountability? The discussion will focus on the principles under Judicial Review such as natural justice and ultra vires that have a profound effect on accountability. The emerging pattern shown in USA and Malaysia and the capitalization of judicial review to breed civility. These will elucidate the level of accountability in the given society whether high or moderate.
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Accountability/Public accountability explains both external (vertical) and internal (horizontal) dimensions. External accountability requires state of openness to scrutiny by the public or outsiders, such as international organizations, nonprofit organizations, etc. Meanwhile, internal accountability involves the use of state institutions to limit incentives for corruption. In sum, accountability is the state of being accountable for one's action. Concept of Accountability in Governance: Any study on the concept of accountability carelessly saddled readers with a lot of confusion due mainly to the endlessness and personalized justifications that concerned authors usually display. Accountability is used as an alternative for many loosely defined political desires, such as good governance, transparency, equity, democracy, efficiency, responsiveness, responsibility, and integrity (Behn 2001: 3-6; Dubnick 2005). The pursuit by scholars to come up with their own definition of the concept of accountability created what Bovens (2007) called "disconnection." This is to the extent that chapters in a book on accountability do not agree on what the definitional core of accountability should be. Hence, readers are left with the choice of drowning in the ocean of confusion in the quest to find solution to an already complicated academic expedition. Over the past decades, accountability and performance have been central in public sector management. Accountability is important for effective performance in the public sector, because both elected and nonelected officials need to show the public that they are performing their responsibilities in the best possible way and using the resources provided to them effectively and efficiently (Apeloko 2016a, b). Liberal conception of politics as allocation of values supports the fact that governance is the process and mechanism through which scarce resources or societal values are allocated without putting the principle of equity, justice, and fairness at peril. This entry examines the impediments to public accountability and performance in Nigeria, and recommends remedial actions for effective public accountability and performance in Nigerian public sector management. The
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Accountability is considered a central concept in public administration. Accountability refers to a mechanism that consists of key elements, including the information provision by an agency to its principal, debating between the agency and the principal, and the following consequences based on debate (Bovens, 2007; Brandsma & Schillemans, 2013). This conceptualization of accountability can be looked at in terms of a mechanism rather than a virtue or public value (Bovens, 2010). To pursue the mechanism in an effective and thorough manner could improve the performance of public agencies (Han, 2020). Accountability as a mechanism is related to accountability as a virtue. For example, the more agencies provide quality information about their activities to their principals such as government or citizens, debate the information with them, and achieve the relevant consequences, such as a budget increase or blame, the more the agencies' performance can be enhanced. Transparency and liability in the policy evaluation process can contribute to the accountability mechanism (Koppell, 2005). If enhanced agency performance via the accountability mechanism is what citizens demand, it indicates that agencies' responsiveness to citizens is obtained. As a result, citizens can support the government, which implies democratic accountability as a virtue is ensured. According to the principal-agent perspective, public agencies need to meet the needs of citizens-that is, the principals-which is a critical configuration of public accountability (ibid.). As such, accountability as a mechanism can be a tool to achieve accountability as a value (Dubnick, 2005).
Many Nigerians identify corruption and poverty as the bane of the nation's development paralysis. The Obasanjo administration in the country was determined to enthrone the principle of transparency and accountability in public life in Nigeria. The government of President Olusegun Obasanjo believes that without probity in public life, the ultimate aim of providing for the happiness and welfare of the citizenry will be an illusion. It is in the light of the above that the government embarked on a number of public sector reform programmes aimed at blocking leakages of all sorts in public sector service delivery and transactions. The official instrument designed to achieve this much desired honesty, transparency and accountability in the conduct of government business especially in the award of contracts and procurement in the ministries, parastatals and departments in Nigeria is the introduction of the Due Process Policy.