Consumer Protection in Nigeria

Let me paint you a scenario. So, you see a really good Adidas shoe on sale via a vendor on Instagram. You check it out and from all indications, the seller seems genuine and that Adidas shoe does look really good. You then proceed to message the vendor and start negotiations. During the negotiations, the vendor sends pictures of the shoe, the size, similar shoes on sale, etc. You both then reach an agreement on price and delivery method. You pay the money and you are told the shoes are on their way. To your surprise, you receive the package the next day and you’re excited.  You’ve always heard about these Instagram vendors and how they are prone to scamming people but this one seems to be genuine. Thank God. Only for you to open the package and notice something strange. Firstly, the shoe is a different colour from the one you saw and ordered online. Okay. Then you take a closer look at the shoe and your heart sinks. The logo. Instead of it to say “Adidas” and have three stripes on top, lo and behold, it says “Abiba” and doesn’t even have a single stripe. Ah. Have you just been scammed? You quickly reach out to the vendor who has been responsive to your chats all this while. Maybe it was a mistake. A whole day passes and no reply from the vendor, not even a read message. This continues for a week with the vendor not replying your texts, calls or even messages on Instagram until you start to drag the vendor on all social media handles and then you receive a message from the vendor saying “At least you got a shoe. Better thank your God I’m not in the country or I would have dealt with you. Stop embarrassing yourself” and then proceeds to block you on all social media platforms. It was at this point, you finally realized, you have been scammed. So, what can you do? Well, read on.

Firstly, let us start by defining who a consumer is and what consumer protection entails. A consumer is any person who purchases or offers to purchase goods other than for the purpose of resale, but does not include a person who purchases any goods for the purpose of using them in the production or manufacture of any other goods or articles for sale. A consumer is also any person to whom a service is rendered. This definition can be found in Section 167(1) of The Federal Competition and Consumer Protection Act, 2018 (FCCPA). Likewise, consumer protection is generally the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection laws are designed to protect and promote consumer interest.

LEGISLATION GUIDING CONSUMER PROTECTION IN NIGERIA

The main legislation which regulates and protects the rights of consumers in Nigeria is the Federal Competition and Consumer Protection Act, 2018 (FCCPA). The FCCPA established the Federal Competition and Consumer Protection Commission (FCCPC) to protect the interests and welfare of consumers by providing consumers with a wider variety of products at competitive prices and to prohibit unconscionable business practices.

The FCCPA applies to and binds any person involved in the production of or the trade in goods, or the provision of service and all commercial activities within, or having effect within Nigeria, including government agencies involved in commercial activities and generally all commercial activities aimed at making profit and geared towards the satisfaction of demand from the public. In addition, the provisions of the FCCPA apply to certain conducts occurring outside Nigeria where such conduct is by a citizen of Nigeria or person ordinarily resident in Nigeria, a business incorporated in Nigeria and any person in relation to the supply or acquisition of goods or services by that person into or within Nigeria.

It is important to note that the FCCPA provides that the provisions of the Act shall override the provisions of any other law in all matters relating to competition and consumer protection, subject to the provisions of the Constitution of the Federal Republic of Nigeria. Also, several states have adopted the FCCPA domestically and created state consumer protection agencies like The Lagos State Consumer Protection Agency and Cross River State Consumer Protection Agency.

REGULATORY AGENCIES IN CHARGE OF CONSUMER PROTECTION IN NIGERIA

The Federal Competition and Consumer Protection Commission (FCCPC) is the topmost consumer protection agency in Nigeria. The FCCPC was established by the FCCPA to administer and enforce the provisions of the FCCPA.

The Competition and Consumer Protection Tribunal (CCPT) is the adjudicatory authority for determination of matters involving consumer protection. The CCPT amongst others, has the power to: hear appeals from or review any decision of the FCCPC taken in the course of implementation of any of the provisions of the FCCPA; hear appeals from, or review any decision from, the exercise of the powers of any sector-specific regulatory authority in a regulated industry, with respect to consumer protection matters; and issue such orders as may be required of it under the FCCPA. Any order, ruling, award or judgement of the CCPT is binding on the parties and must be registered with the Federal High Court of Nigeria solely for the purposes of enforcement. Appeal of an order, ruling, award or judgment of the CCPT is to be made within 30 days to the Court of Appeal of Nigeria, the second highest court of the land. This goes to show the power of the CCPT and that its rulings or judgements are not to be taken lightly.

Significantly, there are other regulators that are sector specific. What this means is that these regulators are empowered by law to address consumer protection complaints within specific sectors. Some of these agencies are; the Central Bank of Nigeria (financial institutions complaints), Nigerian Communications Commission (communication services complaints), Nigerian Electricity Regulatory Commission (electricity supply and services complaints), National Agency for Food and Drug Administration (foods, drugs and beverages complaints), Standards Organization of Nigeria (locally manufactured and imported products complaints), Nigerian Broadcasting Commission (media complaints) and the Nigerian Civil Aviation Authority (aviation complaints).

RIGHTS OF A CONSUMER IN NIGERIA

Under the law, consumers are empowered with several rights that can be demanded from goods and service providers. Sadly, a lot of Nigerians are not aware of their rights under the law when dealing with vendors and service providers. Consumers have the following rights under the law; Right to select suppliers, Right to cancel advance reservation booking or order, Right to choose or examine goods, Right to return goods, Right to fair dealings, Right to safe, good and quality goods and services, Right to disclosure of second-hand or reconditioned good, Right to goods corresponding with samples and descriptions, amongst numerous other rights available to consumers.

PRACTICAL EXAMPLES OF APPLICATION OF THE LAW IN NIGERIA

I know what you’re thinking. “Who will enforce all these laws and rights?” “Do consumer agencies even do their jobs in Nigeria?”. Well, I’ll be the first to admit that Nigerian government agencies have a long way to go when it comes to enforcing citizens rights and generally making life easier for citizens. However, consumer agencies ARE beginning to wake up to their responsibilities and have become more responsive and even proactive when it comes to the protection of consumer rights. An example is the recent crackdown on loan sharks and money lending firms by the FCCPC. The FCCPC obtained a court order on certain digital money lenders that abused rights of customers, ordering them to seize operations during its regulatory investigations. This comes after a Joint regulatory enforcement led by FCCPC, NITDA, ICPC and CBN where they seized 119 laptops, eight mobile phones, one table phone and one hard drive. Following this, the FCCPC served wide ranging orders on Google LLC (Play Store) and Apple Inc. (App Store) to enforce withdrawal of certain money lending applications from their stores. This is a practical example of how consumer protection agencies are waking up to their responsibilities.

WHAT TO DO IF YOUR RIGHTS ARE BREACHED

So, going back to the scenario painted at the beginning of this article, what do you do if you’ve been scammed or have had your consumer rights breached? Well, my advice is simple, as it always is. Get a lawyer.

Adeola Onikoyi is an experienced corporate solicitor that can be reached via [email protected]