A Critique of the Powers and Jurisdictional Remit of the Ombudsman Institution in Botswana and Nigeria

Impartiality and independence are two key essential characteristics of the Ombudsman offices worldwide. To ensure functional independence to be effective, it is important that adequate support in statutory terms with regards to the powers and jurisdictional remit of the Ombudsman is provided for. The whole idea of jurisdictional remit is to ensure that that the Ombudsman institution is guided so that it does not stray into areas not anticipated and thus obviate unwarranted negative consequences. However, some of these exclusions are dysfunctional for a modern institution designed to strengthen and consolidate the institutional foundations for good governance and check-mate injustice arising from maladministration. This article focuses on the powers and areas of ouster of jurisdiction of the Ombudsman institution in Botswana and Nigeria. This paper posits that jurisdictional remit tend to neutralise statutory powers granted to the Ombudsman in Botswana in contrast to Nigeria. This paper recommends that Botswana needs to take steps to revisit the powers-exclusions mix of the Ombudsman and make necessary statutory alignments to create a solid foundation that will ensure increased public confidence and operational effectiveness.