The Office of Ombudsman is independent of government and any political party. Upholding it independence is paramount importance to both government and the Office.
For dispenser of justice or administrative umpire like Office of Ombudsman, impartiality is sine qua non, which can never absolutely guaranteed without it independence especially from institutions or persons within it jurisdiction.
The tenure of office of Ombudsman and deputies are protected by Section 164(6) of 1997 Constitution.
According to Section 165(1) of 1997 Constitution, “These Ombudsman and deputy Ombudsman shall not subject direction or control of person or authority but subject only to constitution and the law.”
Section 165(2) further states: “All departments, authorities and public bodies which are subject to investigation by the Ombudsman shall accord assistance as he or she may require for protection the independence, dignity and effectiveness of Ombudsman in performance of his or her functions.”
An important area which the independence of Office, has been guaranteed is finality of recommendations the Ombudsman. In this regard Section 17 (1) of Ombudsman Act states, “ No investigation, proceedings, process or report of Ombudsman shall held bad for error or irregularity or form or be challenged, reviewed, quashed or called into question in any court save on ground of lack of jurisdiction.”
The staff of Office are appointed by Ombudsman.