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Nigeria

Legal Instrument to Strengthen SERVICOM (NG0030)

Overview

At-a-Glance

Action Plan: Nigeria Action Plan 2019-2022

Action Plan Cycle: 2019

Status: Active

Institutions

Lead Institution: SERVICOM Presidency

Support Institution(s): Ministry of Justice, OSGF, NEC, MBNP, NASS, Head of Service, All SSGs, Oxfam, Water Aid, Nextier, IITA, Action Aid, Citizens’ Connect, Citizens’ Gavel, Order Paper Advocacy Initiative, Public & Private Development Center, Connected Development (CODE), CSACEFA, Policy Alert, and their relevant partners from State and National levels – 4th tier (traditional leaders), Nigerian Policing Programme (NPP), CISLAC, PRIMOG , Citizen Commons, Partners West Africa Nigeria (PWAN), Safe & Sound Youth Awareness Initiative,Ethics and Corporate Compliance Institute of Nigeria, Youths in Africa Anti-corruption Network, NBA,Open Alliance , Brekete Family, ‘Majesty Media’, Team Member, PRIMORG, Citizen Commons African Centre for Leadership, Strategy & Development (Centre LSD), The Meluibe Empowerment Foundation, Nigerian Governors’ Forum.

Policy Areas

Legislation & Regulation, Public Participation

IRM Review

IRM Report: Nigeria Design Report 2019-2021

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation , Public Accountability

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

Brief description:
The commitment is aimed at strengthening and institutionalizing the operational capacity of SERVICOM to enforce strict compliance to service charters for all MDAs and SERVICOM’s reporting mechanism.

General problem:
SERVICOM currently has very little statutory powers to enforce compliance with public service rules and regulations. The lack of a SERVICOM law makes the articulation and implementation of existing Service Charters ineffective.

Specific OGP issue:
The SERVICOM law will provide the legal framework to ensure the responsiveness of government through strict compliance with service charters by MDAs. It will also contain a mandatory reporting requirement for MDAs to make periodic reports to SERVICOM.

Rationale for the commitment:
To provide SERVICOM with the legal framework to serve as a statutory body with the responsibility of tracking/monitoring and supporting quality service delivery.

Main objective:
For SERVICOM staff to have the legal backing to sanction those that violate public service rules and regulations and ensure that work ethics are observed within the organizations.

Anticipated impact:
Improved legal framework to enforce compliance towards improving satisfaction and access to public services and goods by the citizens.

See action plan for milestone activities

IRM Midterm Status Summary

16.  Enact SERVICOM Bill and National Policy

    

Main Objective

“For SERVICOM staff to have the legal backing to sanction those that violate public service rules and regulations and ensure that work ethics are observed within the organizations.”

Milestones

  1. Joint (state and non-state actors) retreat to review the SERVICOM Draft Bill with representation from the six geopolitical zones
  2. Appointment & Engagement of Technical Committee on Passage of SERVICOM Bill
  3. Continuous consultation through the media on the SERVICOM Draft Bill
  4. SERVICOM Draft Bill passed to NASS
  5. Advocacy & Engagement for the passage of SERVICOM Bill
  6. Passage and accent of national SERVICOM Bill into Law
  7. Conduct High-level Advocacy through the Governors’ Forum for States to sign a compact/ social contract
  8. Lead advocacy and consultative process of drafting a policy for the compact/ social contract between the government and the citizens of Nigeria.
  9. Convene a policy dialogue forum on the draft SERVICOM national policy
  10. Draft policy review with Community of Practice of Leads (The Permanent Secretaries of the Ministries), to provide direction for the development/ enactment of legal, legislative or Executive Instruments

Editorial Note: For the complete text of this commitment, please see Nigeria’s action plan at https://www.opengovpartnership.org/documents/nigeria-action-plan-2019-2021/

 

Commitment Analysis

This commitment’s goal is to improve public service delivery by strengthening SERVICOM’s capacity to enforce MDAs’ compliance with Service Charter Standards.

This commitment includes 10 milestones. These activities seek to support the SERVICOM Bill’s development, adoption, enactment, and advocacy. In developing the bill, SERVICOM intends to incorporate citizen feedback through a citizens’ policy dialogue and advertised calls for input by mail, phone, and social media. This commitment also plans for a complementary SERVICOM National Policy and compact/social contract between the government and citizens of Nigeria. [187]

This commitment is relevant to the OGP value of civic participation, as it aims to conduct a consultative process drafting a policy for the compact/social contract between the government and the citizens of Nigeria. The commitment is also relevant to the OGP value of public accountability, as the commitment would, through the enactment of the SERVICOM Bill, provide for the legal backing to sanction those who violate public service rules. [188]

If fully implemented, this commitment could have a moderate potential impact on sanctioning violations on public service rules and work ethics within MDAs. Given SERVICOM’s precarious legal status, [189] passage of the SERVICOM Bill could strengthen the agency’s capacity to enforce compliance by government agencies in public service delivery. During the last two legislative sessions, the SERVICOM Bill was not enacted. [190] As an agency, SERVICOM has faced challenges in meeting its mandate. MDAs exhibit a low level of compliance with service charter standards [191] and do not perceive SERVICOM as empowered to enforce recommendations. [192] Few citizens understand SERVICOM’s role and engage in demanding proper public service delivery by government agencies. Additionally, lack of funding has presented a significant constraint for SERVICOM’s performance. Several sources have indicated the need for a legislative framework that empowers SERVICOM to execute its mandates and function more effectively. [193] SERVICOM anticipates that gaining a legal foundation will improve MDAs’ compliance with service improvement initiatives given that noncompliance would become unlawful. Additionally, it expects that a legally defined structure, authority, and budget will increase its efficacy. [194] However, according to the Civil Society Legislative Advocacy Centre (CISLAC), beyond SERVICOM, improving service delivery will require a concerted effort by MDAs’ leadership. [195] Although this commitment improves SERVICOM’s functionality, service delivery cannot be improved by SERVICOM alone. Additionally, this commitment does not clarify how sanctions against noncompliance will be enforced.

Financial sustainability and a clear legal mandate would be essential for the effective functioning of SERVICOM, including the ability to enforce compliance more rigorously. Fostering stronger ownership among agencies could also help facilitate the implementation of this commitment.

[187] Nnenna Akajemeli (SERVICOM), email correspondence with IRM, 26 June 2020.
[188] “Nigeria 2019-2021 National Action Plan,” Open Government Partnership, https://www.opengovpartnership.org/documents/nigeria-action-plan-2019-2021/, p.82.
[189] Soni Daniel, “ FG moves to end MDAs poor service delivery with retooled Servicom”, Vanguard, 6 May 2017,  in https://www.vanguardngr.com/2017/05/fg-moves-end-mdas-poor-service-delivery-retooled-servicom/; Adeyinka, Philip Oyadiran; Ema, Omonowa Grace, “ The Impacts Of Service Compact With All Nigerians (Servicom) On Public Service Delivery: A Case Study Of The Federal Ministry Of Women Affairs And Social Development.” Conflict Resolution & Negotiation Journal . 2014, Vol. 2014 Issue 3, p70-97. 28p. 3 Charts., in https://web.b.ebscohost.com/abstract?direct=true&profile=ehost&scope=site&authtype=crawler&jrnl=19460236&AN=101438842&h=lCXFBQP9dnHivwxVmorluW1Svvw1SNhWxFWQU0kk3hxtYwQOiHUPHBQJeRN55ZFLtDOZj5JZwe17wKTULGT6Pg%3d%3d&crl=c&resultNs=AdminWebAuth&resultLocal=ErrCrlNotAuth&crlhashurl=login.aspx%3fdirect%3dtrue%26profile%3dehost%26scope%3dsite%26authtype%3dcrawler%26jrnl%3d19460236%26AN%3d101438842; Interview with Nnenna Akajemeli, CEO, Servicom, “Challenges of service delivery in Nigeria” The Sun, 8 June 2019, in https://www.sunnewsonline.com/challenges-of-service-delivery-in-nigeria/; “SERVICOM urges Nigerians to challenge service failures in MDAs,” Punch, 4 May 2017, in https://punchng.com/servicom-urges-nigerians-to-challenge-service-failures-in-mdas/.
[190] Soni Daniel, “ FG moves to end MDAs poor service delivery with retooled Servicom,” Vanguard, 6 May 2017,  in https://www.vanguardngr.com/2017/05/fg-moves-end-mdas-poor-service-delivery-retooled-servicom/
[191] Josephine Okojie, “Reps set to review effective service delivery,” Business Day,  5 July 2017, in https://businessday.ng/uncategorized/article/reps-set-review-effective-service-delivery/; Adeyinka, Philip Oyadiran; Ema, Omonowa Grace, “ The Impacts Of Service Compact With All Nigerians (Servicom) On Public Service Delivery: A Case Study Of The Federal Ministry Of Women Affairs And Social Development.” Conflict Resolution & Negotiation Journal . 2014, Vol. 2014 Issue 3, p70-97. 28p. 3 Charts., in https://web.b.ebscohost.com/abstract?direct=true&profile=ehost&scope=site&authtype=crawler&jrnl=19460236&AN=101438842&h=lCXFBQP9dnHivwxVmorluW1Svvw1SNhWxFWQU0kk3hxtYwQOiHUPHBQJeRN55ZFLtDOZj5JZwe17wKTULGT6Pg%3d%3d&crl=c&resultNs=AdminWebAuth&resultLocal=ErrCrlNotAuth&crlhashurl=login.aspx%3fdirect%3dtrue%26profile%3dehost%26scope%3dsite%26authtype%3dcrawler%26jrnl%3d19460236%26AN%3d101438842.
[192] Soni Daniel, “ FG moves to end MDAs poor service delivery with retooled Servicom,” Vanguard, 6 May 2017,  in https://www.vanguardngr.com/2017/05/fg-moves-end-mdas-poor-service-delivery-retooled-servicom/; Augustine Eneanya, “Performance management system and public service delivery in Nigeria: Impacts, problems, challenges and prospects”, Africa’s Public Service Delivery and Performance Review, 17 July 2018, in https://www.researchgate.net/publication/326472400_Performance_management_system_and_public_service_delivery_in_Nigeria_Impacts_problems_challenges_and_prospects; .
[193] Oluseyi Awojulugbe, “SERVICOM has failed woefully, says ex-head of service,”  The Cable, 27 March 2017, in https://www.thecable.ng/servicom-failed-woefully-says-ex-head-service; “SERVICOM urges Nigerians to challenge service failures in MDAs,” Punch, 4 May 2017, in https://punchng.com/servicom-urges-nigerians-to-challenge-service-failures-in-mdas/; Interview with Nnenna Akajemeli, CEO, Servicom, “Challenges of service delivery in Nigeria,” The Sun, 8 June 2019, in https://www.sunnewsonline.com/challenges-of-service-delivery-in-nigeria/; Soni Daniel, “ FG moves to end MDAs poor service delivery with retooled Servicom”, Vanguard, 6 May 2017,  in https://www.vanguardngr.com/2017/05/fg-moves-end-mdas-poor-service-delivery-retooled-servicom/; Adeyinka, Philip Oyadiran; Ema, Omonowa Grace, “ The Impacts Of Service Compact With All Nigerians (Servicom) On Public Service Delivery: A Case Study Of The Federal Ministry Of Women Affairs And Social Development.” Conflict Resolution & Negotiation Journal . 2014, Vol. 2014 Issue 3, p70-97. 28p. 3 Charts., in https://web.b.ebscohost.com/abstract?direct=true&profile=ehost&scope=site&authtype=crawler&jrnl=19460236&AN=101438842&h=lCXFBQP9dnHivwxVmorluW1Svvw1SNhWxFWQU0kk3hxtYwQOiHUPHBQJeRN55ZFLtDOZj5JZwe17wKTULGT6Pg%3d%3d&crl=c&resultNs=AdminWebAuth&resultLocal=ErrCrlNotAuth&crlhashurl=login.aspx%3fdirect%3dtrue%26profile%3dehost%26scope%3dsite%26authtype%3dcrawler%26jrnl%3d19460236%26AN%3d101438842   
[194] Nnenna Akajemeli (SERVICOM), email correspondence with IRM, 26 June 2020.
[195] Chinedu Bassey (Civil Society Legislative Advocacy Centre), email correspondence with IRM, 27 July 2020.

Commitments

  1. Participatory Budgeting

    NG0015, 2019, Anti-Corruption

  2. Implement Open Contracting and the Open Contracting Data Standard

    NG0016, 2019, Access to Information

  3. Transparent Tax Revenue Reporting

    NG0017, 2019, Access to Information

  4. Open Contracting and Licensing in Extractives

    NG0018, 2019, Access to Information

  5. Implement EITI Standard

    NG0019, 2019, Anti-Corruption

  6. Establish Beneficial Ownership Registry

    NG0020, 2019, Access to Information

  7. Strengthen Asset Recovery Legislation

    NG0021, 2019, Anti-Corruption

  8. Implement National Anti-Corruption Strategy

    NG0022, 2019, Anti-Corruption

  9. Improve Compliance with Freedom of Information Act with Focus on Records Management

    NG0023, 2019, Access to Information

  10. Improved Compliance with Mandatory Publication Provisions Requirement (FOIA)

    NG0024, 2019, Access to Information

  11. Implement Permanent Dialogue Mechanism

    NG0025, 2019, Access to Justice

  12. Aggregate Citizens' Feedback on Programs

    NG0026, 2019, E-Government

  13. Freedom of Association, Assembly, and Expression

    NG0027, 2019, Civic Space

  14. Enhance Participation of the Vulnerable

    NG0028, 2019, Capacity Building

  15. Implement New Computer Program in 6 Government Ministries to Improve Service Delivery

    NG0029, 2019, Capacity Building

  16. Legal Instrument to Strengthen SERVICOM

    NG0030, 2019, Legislation & Regulation

  17. Citizen Participation in Budget Cycle

    NG0001, 2017, Access to Information

  18. Open Contracting

    NG0002, 2017, Access to Information

  19. Extractive Sector Transparency

    NG0003, 2017, Access to Information

  20. Tax Reporting Standards

    NG0004, 2017, Fiscal Openness

  21. World Bank Doing Business Index

    NG0005, 2017, Fiscal Openness

  22. Beneficial Ownership Register

    NG0006, 2017, Anti-Corruption

  23. Anti-Corruption Informationi Sharing

    NG0007, 2017, Anti-Corruption

  24. Asset Recovery Legislation

    NG0008, 2017, Capacity Building

  25. Anti-Corruption Activity Coordination

    NG0009, 2017, Anti-Corruption

  26. FOIA Compliance for Annual Reporting

    NG0010, 2017, Access to Information

  27. FOIA Compliance for Disclosure

    NG0011, 2017, Access to Information

  28. Permanent Dialogue Mechanism

    NG0012, 2017, Fiscal Openness

  29. Joint Governmnet-Civil Society Legislation Review

    NG0013, 2017, Fiscal Openness

  30. Technology-Based Citizens' Feedback

    NG0014, 2017, E-Government

Open Government Partnership