Role Of Due Process In Organisational Performance

1.0 INTRODUCTION
1.1 BACKGROUND OF THE STUDY
The private and public ownership of means of production is a unique characteristic of capitalization. The government controls the production of goods and services that are considered essential in the country, usually granted to her through the exclusive right of constitution. 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 constitution (i.e. residual right) at a profit these two sector work hand in hand (i.e. concurrent right) for socio-economic development of the state. Following the poor performance of both sector for the economy, which has dragged the integrity of the nation to the mud, in spite of enormous revenue generation capacity from oil and other exports. The federal government in the new democrats dispensation under the leadership of Olusegun Obasanjo having noted the urgent need to revive the economy mandated the world bank in collaborate with some private sector specialists to examine the economic activities in the country to that public officer will be discharge of their duties. This led to the formation of due process policy.
According to Obbot (2009) due process implies the government activities and business as carried out openly, economically and transparently without any sense of face of procurement and other government services are made in such a way they allow equitable distribution and utilization of scare resources. The post structural adjustment programme (SAP) era, witness the growth private ownership in Nigeria with the proliferation of modern corporation and the corporation law which gives the corporation boards the right(s) to manage corporation without the interference from shareholder. As a result of the separation of ownership and control (i.e. entity concept of business) registered under the company allied matter act (CAMA) of 1990, shareholder have lost their direct influence and involvement in the day-to-day running of the business, thereby encouraging managerial abuses, and leading to corporate failure in both private and public sector of the country, necessitated the needs for business activities to be conducted in the best interest of the corporate holder (s), hence the need for corporate governance is a policy which access the protection of the interest (s) of organizational stakeholder (i.e. shareholders/managers).

1.2 STATEMENT OF THE PROBLEM
There has been considerable interest in corporate governance practice of modern corporation as a result of corporate failure occasioned by inefficient managerial functions. The government owned establishment have suffered set backs in the recent time. It is pertinent to note that civil service have lost their neutrally attributes they no longer believe that politics come and go but civil servant remain.
Presently civil servant entangle themselves into politics, thereby loosing focus on their primary function. Recruitment, promotion and transfer of masterminded. These have led to poor performance mediocrity favoritism and low productivity of government ministries.
Against this background, the researcher is out to investigate the role of due process in organizational governance with particular emphasis on Akwa Ibom state civil service commission.

1.3 OBJECTIVE OF THE STUDY
The main objective of the study is to determine the role of due process in organizational governance. The specific objective includes;
a. To determine how due process affect employees performance
b. To find out the relationship between due process and corporate governance.
c. To examine the concept and principle of due process
d. To find out the legal framework of due process and corporate governance.

1.4 RESEARCH QUESTIONS
The following research questions were designed for this study;
a. To what extent does due process affect employees performance?
b. What is the relationship between due process and corporate governance?
c. What are the concept and principles due to process?
d. What are the legal framework of due process and corporate governance?

1.5 RESEARCH HYPOTHESES
The following research hypotheses were formulated for this study:
HYPOTHESIS ONE
Ho: There is no significant relationship between due process and corporate governance
Hi: There is significant relationship between due process and employee performance

HYPOTHESIS TWO
Ho: There is positive relationship between due process and employees performance
HI: Due process affect employee performance

1.6 SCOPE OF THE STUDY
This study on the role of due process in organizational governance focused on Akwa Ibom state civil service commission. In this all the staff of the organization is used as the population of the study.

1.7 LIMITATION OF THE STUDY
Due to the relatively short-time allowed for this research work based on the distance from Nekede (Imo state) to Akwa Ibom state and the tight academic programme, in the course of the study, the researcher was constraint by inadequate finance and this prevented the researcher from assessing key area and material resources most of the respondents were not also readily available for sensitive responses.

1.8 SIGNIFICANCE OF THE STUDY
The impact of corporate governance due process speicially in public sector cannot be taken for granted, as the success and failure of organisaiton, e.g. Akwa Ibom state civil service commission depend largely on it.
This study will be immense significant to both the state government and the commission, as well as the civil servants.
To the government, the study findings will provide useful guide on how the excesses of the commission under review will be checked, so as to achieve both macro and micro-economic efficient of the economy. The study will equally provide useful guide to employers of labour (i.e. civil servants) on how they should be helping in building of the economy.

1.9 DEFINITIONN OF TERMS
1. Due process: a deliberate attempt to ensure that government activities and businesses are carried out openly, economically and transparently.
2. Corporation: is a company or group of people authorized to act as single entity (legally or person) and recognized as such in law.
3. Governance: Refers to all process of governing whether undertaken by a government, market or network, whether over a family, tribe, formal or informal organization or territory and whether through laws, norms, power or language.
4. Civil service: This are those branches of public service concerned with all governmental administrative functions outside the armed service.
5. Civil servant: A person employed in the civil service.
6. Organization: A group of people or other legal entities with an explicit purpose and written rules.
7. Productivity: The state of being productive, fertile or efficient.
8. Employee: An individual who works part-time or full time under a contract of employment, whether oral or written, express or implies and has recognized rights and duties.
9. Performance: The act of performing carrying into execution, or action as the performance of an undertaking of a duty.
10. Process: Is the sequence of interdependent and linked procedures which at every stage, consume one or more resources (employee time, energy, machines, money to convert inputs (data, materials parts etc) into output.
11. Concept: Is an abstraction or generalization from experience or the result of transformation of existing ideas.
12. Principles: Are fundamental norms, rules or values that represent what is desirable and positive for a person, group, organization or community and help it in deterring the rightfulness or wrongfulness of its actions.
13. Capitalism: Is a system of government where the means of production, distribution, and exchange of wealth is made and maintained chiefly by private individuals or corporations, especially as contrasted to corporatively of state owned means of wealth.
14. Transparency: Is the quality or state of being transparent.
15. Role: Is a set of connected behavior, right, obligations, beliefs, and norms as conceptualized by people in a social situation.
16. Equality: The equal treatment of people irrespective of social or cultural differences.
17. Mediocrity: The condition of being mediocre, having only and average degree of quality, skills ect no better than standard.
18. Role: Is a set of connected behvaiour rights, obligations, beliefs and norms as conceptualized by people in a social situation
19. Transparency: Is the quality or state of being transparent.
20. Equality: The equal treatment of people irrespective of social or cultural differences.
21. Accountability: The state of being accountable liability to be called on to render an account, accountableness responsible for or answerable for.