Last Saturday, March 15, was yet another World Consumer Rights day. Consumer protection Law or Consumer Law is an area of Law that regulates private law relationship between individual consumer and the business that sell those goods and services. It covers but not limited to product liability, private rights, unfair business practices, fraud, misrepresentation and other business interactions. Such laws further deal with credit repair, debt repair, product safety, service and sales contracts, pricing, utility turnoffs, consolidation and personal loans that may lead to bankruptcy.
While the government may have tried to react to problems affecting the consumer, like putting in place impressive body of legislations and parastatals on consumer rights. i.e The Standard Organisation of Nigeria, The Foods and Drugs Act, The Trade Malpractices Law, The Pharmacist Council of Nigeria Law, The Consumer Protection Council Act, The National Agency for Food and Drug Administration and Control Laws, The Drugs and Related Products (registration etc) Act, The Counterfeit and Fake drugs and Unwholesome Processed Foods (miscellaneous provisions) Act, The Sale of Goods Laws, The Criminal Code and The Penal Code (northern states) Federal Provisions Act, Nigerian Communications Act, National Insurance Commission Act, Nigerian Communication Commission Act and the Utilities Charges Commission Act.
Impressive as this may appear, the practical impact on the consumer has remained minimal due to weak implementation.
The purpose of the laws governing consumer protection is to impose requirements on suppliers of goods and services to consumers (as distinct from commercial customers) in addition to those normally implied in contractual relationships so as to safeguard consumers’ interest in respect of matters where they are particularly vulnerable.
Unlike other developed countries, most consumers of products don’t know they have a right to protect and as a result are ignorant of the laws and agencies that protect them. On the other side, the producers who ought to take reasonable steps in production or in their line of service seem to be aware of this missing link and have continuously whether negligently or deliberately abused these rights. Cases abound where companies have repeatedly abused consumer’s rights with impunity without any action taken against them. Though, certain agencies have made a fair attempt to curtail excesses and ensure adequate satisfaction of consumers, it has not achieved much in safeguarding the rights of the consumers.
It puzzles the mind how a nation can fold its arms to such level of exploitation that emanates from within and outside to the detriment of its citizens.
Consumer Protection is a global concept which is based on the principal tenets ratified by the United Nation in April 1985 .They are; The right to the satisfaction of basic needs; The right to safety; The right to be informed; The right to choose; The right to be heard. The right to redress; The right to consumer education; The right to a healthy environment
However, while not every country has been able to achieve the vision of these principles set out by the United Nation, Nigeria’s performance like other developing nation is still at its lowest ebbs.
In Nigeria, the chief regulatory agency of consumer protection rights is the Consumer Protection council. It was established by The Consumer Protection Act of 1992. This act has faced major criticisms on the following issues which include but not limited to;
a) Consumers’ rights being subsumed with the functions of the Consumer Protection Council leaving no clear definition of what consumer rights are;
b) No adequate provision and mechanism for redress;
c) Inherent weakness in the enabling law;
d) Inadequate provisions for their enforcement;
e) Lack of specific institutional framework for the defense of consumers’ rights;
f) Undefined relationship with sector regulators leading to some confusion as to the role of the agency. For instance, the reoccurring overlap between the Nigerian Communication Commission and the National broadcasting Commission;
g) Also, there is the issue of not being able to meet up with emerging trends in trading, technology and pattern of agreement;
Unlike the consumer protection Act of Nigeria, the Consumer Protection Act of South Africa is more elaborate on the aforementioned issues that have posed a problem for the workability of the Consumer Protection Act in Nigeria. It is pertinent to note that for a right to be protected it must be known.
With the wordings of their Act, a South African Consumer readily knows his rights, the channels to go through to seek redress as compared to his Nigerian counterpart. This is because section 2 of the Nigerian Act only tells an aggrieved consumer the function of Consumer Protection Council as against his consumers’ rights and how to seek redress when breached.
The effectiveness of Consumer Protection in South Africa is due largely to a detailed legislation as to rights, redress and enforcement. It is recommended that Nigeria takes a cue from this piece of legislation and similar ones.
Consumer Protection in the United Kingdom is based on the European directives and when compared to Nigeria, is well structured and regulated. For instance, on the issue of strict liability the Consumer Protection Act has no provision to enforce strict liability on a supplier of goods and service. Although, Section 8 talks about redress and offers protection to consumers who may have suffered loss from the use of the product, it is not as effective as Part 1 of the Consumer Protection Act, 1987 which transposes the Product Liability Directive into U.K Law. The legislation imposes strict liability on producers/suppliers for harm caused by defective products. Also, it is important to note that in the Consumer Protection Act, 1987 of the United Kingdom, emphasis is not really placed on the Consumers’ actual expectations of safety as it is portrayed in the Nigeria Consumer Protection Act but what Consumers are entitled to expect.
It is therefore recommended that strict liability be incorporated in the Consumer Protection Act of Nigeria.
While other legislations recognize consumer rights as a human right, the Nigerian Act does not.
Furthermore, the various contract laws in the country needs to be amended to reflect specific provisions on fair contractual terms and the ancillary of fair bargains, so that the ultimate consumer will be properly empowered. The fact that in consumer transaction, the existing law is still founded on the principle of “caveat emptor” let the buyers beware has made it difficult to protect consumers against manufacturers, business executives who attempt to persuade the consumer to buy goods or services on terms suitable to the vendor more akin to telling them what they want to hear and not the truth. It is on this premise that the consumer needs protection from the law.
There needs to be an amendment of these laws to meet with International Standards, to prevent violation of consumers’ right so that the issue of technicality will not serve as a fire escape for unscrupulous practices.
It is imperative that Government understands that we don’t need regulators in the different sectors as enforcers of consumer rights.
Muyiwa Ayojimi
