CHAPTER 02:12
OMBUDSMAN

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Appointment and tenure of office of Ombudsman

 

   3.   Matters subject to investigation

 

   4.   Matters not to be investigated by Ombudsman

 

   5.   Manner of making complaint

 

   6.   Procedure in respect of investigation

 

   7.   Evidence

 

   8.   Proceedings after investigation

 

   9.   Discharge of functions of Ombudsman

 

   10.   Investigation not to affect departmental action

 

   11.   Privilege of communication

 

   12.   Expenses and allowances

 

   13.   Administrative expenses

 

   14.   Offences

 

   15.   Regulations

 

 

Act 5, 1995.

An Act to make provision for the appointment and functions of an ombudsman for the investigation of administrative action taken on behalf of the Government, and for purposes connected therewith.

[Date of Commencement: 1st December, 1997]

 

1.   Short title

   This Act may be cited as the Ombudsman Act.

 

2.   Appointment and tenure of office of Ombudsman

   (1) For the purpose of conducting investigations in accordance with the provisions of this Act there shall be appointed an officer, to be known as the Ombudsman.

   (2) The Ombudsman shall be appointed by the President after consultation with the Leader of the Opposition in the National Assembly.

   (3) A person shall not be qualified to be appointed as Ombudsman if he is a member of the National Assembly, a member of any local authority, a candidate for election as a member of the National Assembly or a local authority nominated as such with his consent.

   (4) The Ombudsman shall not perform the functions of any other public office, and shall not, without the approval of the President in each particular case, hold any other office of emolument other than the office of Ombudsman or engage in any occupation for reward outside of his office.

   (5) Subject to the provisions of subsection (6), a person holding the office of Ombudsman shall vacate that office at the expiration of four years from the date of his appointment.

   (6) The provisions of subsections (2) to (5) of section 97 of the Constitution (which relate to removal of High Court Judges from office) shall, with such modifications as may be considered necessary, apply to the office of Ombudsman.

 

3.   Matters subject to investigation

   (1) Subject to the provisions of this section, the Ombudsman may investigate any action taken by or on behalf of a government department or other authority to which this Act applies, being action taken in the exercise of administrative functions of that department or authority, in any case where-

 

   (a)   a complaint is made to the Ombudsman by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken;

 

   (b)   the complaint is referred to the Ombudsman, with the consent of the person who made it, by the President, a Minister or any member of the National Assembly with a request to conduct an investigation thereon; and

 

   (c)   in any other circumstances in which the Ombudsman on his own motion considers it necessary to investigate the action on the ground that some person has or may have sustained such injustice.

   (2) Except as provided in this Act, the Ombudsman shall not conduct an investigation into any action in r

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