Role Of Due Process In Organizational Governance

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 constitutions. The products consumed at subsidized rate, as profit is not the prime reason for its production.
The private sector products goods and services granted by the constitutions (i.e. residual right) at a profit. These two sectors work hand in hand (i.e. 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, in spite of enormous revenue generation capacity from oil and other exports. 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 sector specialists to examine the economic activities in the country so that public officers will be discharge of their duties. This led to the formation of due process policy.
According to Abbot (2009), due process implies that government activities and business as carried out openly economically and transparently without any sense of faces of procurement and other government services are made in such as way that allows equitable distribution and utilization of scarce resources.
The past Structural Adjustment Programmed (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 shareholders. As a result of the separating of ownership and control (i.e. entity concept of business) registered under the company allied matter act (CAMA) of 1990, shareholders 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 sectors 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 of organizational stakeholders (i.e. shareholder /managers).

1.2 STATEMENT OF THE PROBLEM
There has been considerable interest in corporate governance practice of Modern Corporation as a result of corporate failures occasioned by inefficient managerial functions. The government owned establishment have suffered setbacks in the recent time. It is pertinent to note that civil service has cost their neutrality attributes they no longer believe that politics come and go buy civil servant remains. Presently, civil servant entangles 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 Rivers State Civil Service Commission.

1.3 PURPOSE OF THE STUDY
The main purpose of this study is to determine the role of due process in organizational governance other specific purposes includes:
1. To determine how due process affect employee performance.
2. To find out relationship between due process and management.
3. To examine the concepts and principles of due process.
4. To examine the legal frame works for implementation of due process and corporate governance.

1.4 RESEARCH QUESTIONS
The following research questions were designed for this study:
1. What is the relationship between due process and corporate governance?
2. How does due process affect the performance of employees?
3. What are the concept and principles of due process?

1.5 RESEARCH HYPOTHESIS
The following research hypotheses were formulated from this study:
Ho: There is no relationship between due process and corporate governance.
Hi: There is a strong relationship between due process and corporate governance.
Ho: There is no significant relationship between due process and performance of employee.
Hi: There is a significance relationship between due process and performance of employee.

1.6 SIGNIFICANCE OF THE STUDY
The significance of this study is to create the impact of corporate governance and due process especially in public sector cannot be taken for granted, as the success and failure of organization e.g. Rivers State Service Commission depend largely on it.

1.7 SCOPE AND LIMITATION OF THE STUDY
This study on the role of due process on organizational governance focused on Rivers State Civil Service Commission.

1.8 DEFINITION OF TERMS
Due Process: This is a deliberate attempt to ensure that government activities and business are carried out openly, economically and transparently.
Corporate Governance: It is the arrangements aimed at protecting the interest of stakeholders in business.
Capitalism: This is the system of government where the means of production are in the hands of both government and the private.
Civil Service Commission: This is a body that is charge with the responsibility of over seeking the civil servants.

1.9 BRIEF HISTORY OF THE STUDY
The Rivers State Civil Service Commission is a statutorily constituted executive body authorized to oversee the development and administration of the state’s civil services system. It also has power to make appointments, exercise disciplinary control and remove persons holding or acting in offices within the civil service. The commission is headed by a chairman who is appointed by the governor with the state house of assembly.
The Rivers State Civil Service is the body of professional civil servants entrusted with the responsibility of carrying out the policies of the Rivers State government in relation to infrastructural development and social service delivery.
Governance: The body is led by the head of service (HOS), a member of the executive council who is the most senior administrative official within the civil service of Rivers State. The civil servants are found mainly in the ministries and parastatals, where they perform their duties, progressions based on qualifications and seniority. The ministries are managed by permanent secretaries who report to commissioner in the executive council.