Institutional Framework For Consumers Protection In Nigeria
Keywords:
Institutional framework, Consumer, Protection, CourtsAbstract
This study examined the framework institutionalised for the protection of consumers in Nigeria. In particular, it x-rayed the administrative and regulatory mechanisms put in place for the protection of consumers and considered the attitude of the courts in matters affecting the consumers. It was evidenced from the study that there are several regulatory agencies, with functions sometimes overlapping, set up to advance the consumer's course. The effectiveness of these agencies is brought into scrutiny, as sometimes, their existence is hardly known to the consumers. The study exposed a general lacklustre approach of the courts in consumer protection cases and its adverse effect on the consumers. If the consumer is to take benefit of whatever legal framework institutionalised for his protection in Nigeria, some level of judicial activism are required.
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These include ministries of Trade and Industry; Health; Human Resources, 7This Act was promulgated in Nigeria by Decree No. 66 of 1992, and signed into law on November 23, now the Consumer Protection Council Act Cap. C25 LFN 2004, hereinafter referred to as the Act.
Established by Decree No. 15 of 1993, now the National Agency for Food and Drugs Administration and Control Act Cap. N1 Laws of the Federation of Nigeria, 2004.
It was established by the Standards Organisation of Nigeria Decree No. 56 of 1971, now the Standards Organisation of Nigeria Act Cap.
S9 Laws of the Federation of Nigeria, 2004, hereinafter referred to as the SON Act.
Set up by Decree No. 75 of 1992, now the Nigerian Communications Commission Act Cap. N97 Laws of the Federation of Nigeria, 2004.
Set up by Decree No. 104 of 1992, now the Utilities Charges Commission Act Cap. U17 Laws of the Federation of Nigeria, 2004.
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Established by the Nigerian Tourism Development Corporation Act Cap. N137 Laws of the Federation of Nigeria, 2004.
See s. 4 of the Nigerian Tourism Development Corporation Act. By s. 7 of the Act State Tourism Boards are established for the states of the federation with corresponding functions. Pursuant to this section there is for instance the AkwaIbom State Hotels and Tourism Board, with a Tourism Board Law, Cap. 132 Law of Akwa Ibom state 2000 in place for the day to day running of the Board.
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The UN General Assembly adopted these Guidelines in 1985 by Resolution 39/248 of April 1985.There ismuch similarity between the goals of the Act and those of the UN Guidelines on Consumer Protection, and to those spelt out in the Model Law for Consumer Protection in Africa which was adopted at a conference held at Harare, Zimbabwe from April 28- May 2, 1996. Under paragraph 3 of the UN Guidelines, the goals intended for the protection of the consumers are:
a. The protection of consumers from hazards to their health and safety.
b. The promotion and protection of the economic interests of the consumers.
c. Access of consumers to adequate information to enable them make informed
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d. Consumer education, and
e. Availability of effective consumer redress.
Article 3 of the Model Law for Consumer Protection in Africa lists the goals for consumer protection to include health and safety in the consumption of technology, goods or services, the provision of basic or essential needs, amenities and facilities, consumer education, true and timely compensation for damages suffered by consumers, the right of association and access to the appropriate competent authorities and judicial bodies for the protection of their legitimate interests at reasonable cost.
See ss. 2 and 3 of the Act.
S. 2(i) of the Act
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For example s. 12 of the Act criminalises the sell, offer to sale any hazardous goods, or the provision of any service or any advertisement which cause injury or loss to a consumer, and prescribes punishment of N50,000 or a term of five years imprisonment or both to anyone found guilty of the offence.
Monye, "Enforcement of Consumer Protection Laws in Nigerian", at p. 95. 22She contends
further that to so allow will impose additional burden on the accused person who would b required to defend himself both before the Council or State Committee and the Court. e
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Supra
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Supra
Supra
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An exercise undertaking in few paragraphs above.
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