Achieving Consumer Rights Protection In Nigeria

On March 15 every year, global attention is drawn to the issues of consumers’ rights and responsibilities. Known as World Consumers Day, it provides an opportunity for consumer rights advocates to raise awareness and demand that the rights of all consumers are respected and protected and also protest against market abuses and social injustices which undermine these rights.
The celebration which dates back to 1962, was inspired by US President John Kennedy, who on the 15th of March that year, sent a special message to the US Congress in which he formally addressed the issue of consumers rights thereby becoming the first world leader to do so. The consumer movement first marked that date in 1983 and now uses the day every year to mobilise action on important issues and campaigns.
In Nigeria, some of the rights of a consumer according to the Federal Competition and Consumer Protection Act, 2019 include: Right to be given information in plain and understandable language; right of disclosure of prices of goods and services; right to adequate trade description and to have products labeled; right to disclosure of second-hand or reconditioned goods; right to be given adequate information of every transaction; right not to be given a condition before making a purchase; right to cancel advance reservation, booking or order; right to reject goods before completing the transaction; right to goods corresponding with samples and descriptions; right to reject goods; right against unfair prices and terms; right to quality service; right to safe and quality goods and others.
The law also provides that a consumer whose rights have been breached can file a complaint with the apex consumer protection body, the Federal Competition and Consumer Protection Commission (FCCPC). The consumer also has the option of seeking redress in a court of competent jurisdiction.
The FCCPC, on the other hand, has the power to investigate and resolve complaints, carry out surveillance and enforcement, consumer education, as well as research and strategy.
Other regulatory agencies like the Standard Organisation of Nigeria (SON), the Nigeria Electricity Regulation Commission (NERC), the Nigerian Communications Commission (NCC), the National Agency for Food and Drug Administration and Control (NAFDAC) are all involved in the duty of safeguarding buyers of products and services and the public against unfair practices in the marketplace.
The big questions are, how many consumers are aware of the existence of these rights and how they can leverage on them to address their numerous plights? Is the FCCPC and other sister agencies living up to expectation in their mandate of ensuring the wellbeing of the people especially in view of the numerous issues that consumers in the country have to grapple with constantly. From poor service by telecommunication providers to poor electricity supply and distribution; fake and adulterated products both edible and otherwise; low quality goods and others, the list of their travails is endless. A couple of days ago, a warehouse loaded with expired products worth billions of Naira was discovered in Kano by the Consumer Protection Taskforce in the state. But for the rare, exemplary character of two policemen attached to the taskforce who rejected a N1million bride offered them by the suspect to circumvent the law, these products would have found their way into the markets and various homes, causing havoc in consumers lives.
The Acting Zonal Coordinator of FCCPC, South-South, Mr. Johnson Uche Osi, told The Tide that the Commission is very up and doing though there is still room for improvement. He said despite some challenges faced by the body, it carries out its mandate of sensitizing and educating of the public through various ways like workshops, streets and markets sensitization, including the use of electronic and print media, adding that his office also carries out surveillance and enforcement during which low quality and fake products are ceased in the states within his jurisdiction.
Mr. Osi noted that considering the enormous responsibilities of the commission, other tiers of government, companies and influential persons should aid the federal government in funding some of their programmes. “State and local governments, well-to-do individuals, private companies, organisations like the Niger Delta Development Commission (NDDC) should come to our aid and fund some of our programmes, sponsor seminars and workshops.
“We are not saying you should give us cash. Just meet us, we will tell you what to do for us. Here, a community may be like Mile One area, we will advertise that people should come that we want to teach them their rights and responsibilities. They will come. We will come and talk and teach them”, he said.
The Zonal Coordinator advised consumers to be environment friendly,  ethical and careful when making purchases; ask questions and always insist on their rights and come to the FCCPC whenever their rights are trampled upon and be sure that the matter will be properly handled, assuring that with the recent inauguration of the governing board of FCCPC and the Competition and Consumer Protection Commission Tribunal, the Commission will be more up and doing and consumer-related cases will henceforth be speedily handled.
On his part, the Chief Executive Director of Consumer Satisfaction and Safety Initiative, one of the foremost consumer rights Non-Governmental Organizations (NGOs) in the country, Pastor Ruskin Amadi, said consumers in Nigeria do not enjoy all the rights therein because many are very docile. “Yes, some consumers may not be aware of these rights but even those that know them are docile to react. We take a lot of things for granted. You buy something like an electronic device for instance, you come back home, put it on and it does not work, you begin to make excuses – maybe na the high current, may be na this or that. Even when it is stated that a product has some years of warranty, it will spoil within the period and we don’t ask questions. No! You have the right to take that property back to where you bought it and demand they change it,” he posited.
He lamented that consumers who may even want to push for their rights are sometimes discouraged by the difficulty in getting justice in the country. He, therefore, requested that a special court be set aside to handle consumer related issues to hasten the legal process. This, he said, will enhance people’s confidence in the system and encourage them to always seek for their rights.
Amadi solicited the government to take the plight of consumers seriously just like President Kennedy did, insisting that such an attitude will keep producers on their toes and embolden customers to seek for their rights. He emphasised that a leader’s oath to protect the citizenry is not limited to protection from Boko Haram insurgents, militants, bandits and armed robbers but should be extended to protection from sharp practices of producers and service producers and greedy businessmen who deal on fake, expired and adulterated products as more people are dying from these sharp practices than insecurity.
He appealed that NGOs like his that are involved in championing the course of consumers, educating, informing them of their rights, should be supported by government, organizations and individuals so they can do more.
Similarly, a Port Harcourt-based lawyer, Gift Ebulu, frowned at the lack of dedication and commitment of some staff of the regulatory agencies to their jobs. According to him some of them just sit at the comfort of their offices and wait for people to bring complaints instead of going out to monitor what goes on in the companies and larger society. He maintained that if the agencies live up to expectations based on their powers under the law, there will be a reduction of the prevalence of cases of consumption of contaminated, expired or banned products.
“A lot of sachet and table water producers are committing a lot of crime both to the state and the general public because some of their products are hazardous to health; people mix whatever they like, pour into bottles and label them with NAFDAC approved labels they buy from wherever and innocent consumers keep buying death without knowing it. Yet the agencies are aware but do little or nothing about them. Sometimes they seal their premises but the producers of these killer goods pay their way through and before you know it, the seal is off and nobody went to jail”, he lamented.
He insisted that the agencies should carry out their duties of monitoring and punishing offenders so as to safe consumers from heartless business men who will do anything to line their pockets.
The legal practitioner however regretted the sluggish nature of our judicial system which discourages consumers from approaching the court for justice. “Court process and procedure in Nigeria is regrettable. We the practitioners don’t get the joy that ordinarily we should get in doing matters. A matter that ordinarily would have lasted for two to three sittings may end up taking up to six to seven years and that can be discouraging. So, if a client cannot afford to sponsor that, he may give up,” disclosed him.
He suggested that order than a tribunal which most times are in effective, a special court like the National Industrial Court should be set up to handle issues of consumer right and the breach of these rights, further advising that the agencies should be adequately funded both financially and in human capacity wise to enable them function optimally.

By: Calista Ezeaku