THE ROLE OF DUE PROCESS IN ORGANIZATIONAL GOVERNANCE

1.1 Introduction

Organizational Governance is referred to as a policy which ensures that the interests of the stakeholders are protected. Organizational governance is a system in which confirmed companies of any country are under owner ship of a few number of major stockholders; they might be the members of founder’s family or a small group of stockholders, such as creditor banks, other companies, or government. In organization systems are also called relational systems because they have close and common relations with the companies and their major stockholders. Although, in this model so to the close relations between owners and managers there are a litter problems, but because of little separation level of the ownership and management control, the power is always being abased and minor stockholder may not be aware of the company operation. The other problem of this system is little clearance and the possibility to abuse (Youndong, 2005).

As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitations of the Study and Definition of technical terms.

1.2 Background of Study

The private and public ownership of means of production is a unique characteristics of the government controls the production of good and services that are considered essential in the country, usually granted to her through the inclusive right of construction. The products consumed at subsidized rate, as profit is not the prime reason for its production.

The private sector produces goods and services granted by the constitutions (residence right) at a profit. These two sectors work hand in hand (concurrent right) for the socio-economic development of the state; following the poor performance of both sectors of the economy, which has dragged the integrity of the nation to the mud, inspite of the enormous revenues generation capacity from oil and other export.

The Federal government, in the new democratic dispensation under the leadership of Olusegun Obasanjo, having noted the urgent need to revive the economy mandated the World Bank to collaborate with some private sectors specialists to examine the economic activities in the country so that public officers will be discharged of their duties. This led to the formation of due process policy.

According to Obbot (2009), due process implies that government activities and business are carried out openly, economically and transparently with any series of faces of procurement and other government services are made in such a ways that allows equitable distribution and utilization of scarce resources.

The structured adjustment programme (SAP) era, witnesses the growth of private ownership in Nigeria with the proliferation of Modern Corporation without the interference from shares holders. As a result of the separation of ownership and control registered under the company allied matter act (CAMA) of 1990, shaha have lost their direct influence and involvement in the day- to- day running of the business, thereby encouraging managerial abuses and leading to corporate facture in both private and public sectors of the country, necessitating the need for business activities to be conducted in the best interest of the Organization governance is a policy which dues the protection of the interest of organization stakeholders.

Therefore, in Imo State Civil Service Commission where the research was carried out, the activities that was conducted is to know the Role of Due Process in Organizational Governance.

1.3 Statement of Problems

Investigation revealed that there has been considerable interest in organizational governance practices of Modern Corporation as a result of cooperation fracture occasioned by inefficient managerial function.

This study is therefore designed to identify the problem posed in organizations not following due process in their functions and practices which have affected performance adversely thus necessitating this study. This is as a result of the following problems:

1. Inadequate recruitment promotion and transfer on employee
2. Lack of cordial relationship between management and employee
3. Lack of legal framework for implementation of due process and organization governance.

1.4 Aim and Objectives of Study

The aim of the study is to determine the Role of Due Process in Organizational Governance in Imo State civil service commission. In achieving this aim, the following specific objectives were laid out as follows:

1. To ascertain the impact of inadequate recruitment promotion and transfer on employee performance;
2. To find out the impact of the relationship between the management and employee; and
3. To examine the legal framework for implementation of the process and organizational governance.

1.5 Research Questions

The study came up with research questions so as to be able to ascertain the above stated objectives. The specific research questions for the study are stated below as follows:

• How have inadequate recruitment, promotion and transferred to poor performance in organization governance?
• What are the concept and principles of due process?
• What is the relationship between management and employ?

1.6 Research Hypothesis

In order to pursue the objective of this study, the following generalized statements have been designed to guide and aids in obtaining the result for the experiment to be conducted. For this work, the null hypothesis will be represented with H0 while the alternative hypothesis will be represented with hypothesis H1.

Hypothesis One

• H0: Due process does not have significant impact on organizational governance
• H1: Due process has significant impact on organizational governance

Hypothesis Two

• H0: Inadequate recruitment, promotion and transfer do not lead to poor performance in organizational governance
• H1: Inadequate recruitment, promotion and transfer have led to poor performance in organizational governance.

1.7 Significance of Study

The following are the significance of the study which is stated as follows:

1. Due process is significant to the state government and the commission as well as the civil servants.
2. To the government, the study will provide useful guide on how the excesses of the commission will be checked so as to have a man and macro and macro efficiency in the economy.
3. The study will provide information for scholars and form the basis for further knowledge expansion.
4. It is a requirement for the award of higher national diploma (HND) in the discipline of Business Administration and management.

This study will be of immense benefit to other researchers who intend to know more on this study and can also be used by non-researchers to build more on their research work. This study contributes to knowledge and could serve as a guide for other study.

1.8 Scope of Study

The scope of the research is focused on the Role of Due Process in Organizational Governance using Imo State Civil Service Commission as a case study. It also looked at how recruitment, promotion and transfer affect performance. It also looks at the concepts and principles of due process.

1.9 Limitations of the Study

During the course of this study, many things militated against its completion, some of which are:

1. Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
2. Establishment Policies: Establishment policies posed a serious limitation as most staffs are not ready to release information needed for this project work. There were lots of information needed from the staffs of this establishment to enhance the study which took them time to release or they did not release at all for security purposes, hence the scope was reduced.
3. Research material: availability of research material is a major setback to the scope of the study.
4. Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
5. Financial Constraint: Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet, questionnaire and interview).

1.10 Definition of Terms

Due Process: An attempt to ensure that government and business activities are carried out openly, economically and transparently.

Organizational Governance: A policy which ensures that the interests of the stakeholders are protected.

Bureaucracy: The official rules of the governments or are organization.

Civil Service Commission: A corporate body that is charge with the responsibility of employing wills servants.

Civil Servant: Employees who are employed by the civil service commission.

1.10.1 History of Civil Service Commission

Civil service commission is a statutory state executes body established by section 197-207 of the constitution of federal republic of Nigeria. It has it location in imo state opposite CBN Port Harcourt Road, Owerri.

The Nigeria civil service has its origin in organization established by by the British in colonial times. Nigeria gained full independents in 1st October 1960 under a constitution that provides for a parliamentary self-government for the country's three region, since there, various panels have studied and made recommendation for reformed of the civil service, including Morgan commission of 1963, the Adebo commission of 1971 and the Udoji commission of 1972.

The president of Nigeria appoints the minister of civil service commission who must include member of each of the 36 staate in his cabinet.

Imo state civil service is a constitutional body vested with power to appoint civil persons to the office in the state civil service and there after monitors the progress and conducts of such persons up to the control over persons holding such offices.

Function of the Civil Service Commission

1. Appointment of officers on salary grade level above
2. Promotion and advancement diserving officers into post of afferent salary grade levels.
3. Setting general and uniform guidelines for appointment, promotion and discipline.
4. Custodians of comprehensive and up to date personnel records of the civil service
5. Approving there commendation of the various department selection and appointments from grrde 06 above
6. Processing of transfers (inter- cadre, inter service)
7. Serves as the appellate body for all petitions received from civil servants in respect to appointment, promoting and discipline and other personnel matters.

Departments in Civil Service Commission

1. Administrative department
2. Finance department
3. Planning, research and statistics department
4. Recruitment, promotion and discipline department

The structure of the civil service commission the Imo State civil service is made up of ministries and extra ministerial departments each responsible for a particular are of service of the government.