The Impact Of Consumers’ Protection Laws And The Regulatory Schemes In Nigeria
Keywords:
Consumers’ protection laws, regulatory scheme, Statues, CourtsAbstract
This Study was a review of the impact of Consumers’ Protection Laws and the Regulatory Schemes in Nigeria. The logical conclusion that readily flows from the context analysis of this study is that the Courts, relevant Consumer Protection Statutes and Regulatory Agencies have failed to offer the desired and much expected protection to the Consumer. Consequently, the Consumer is simply left unprotected and at the mercy of unconscionable manufacturers and pretentious traders. A model Consumer Protection Law that affords a remedy on the basis of defect in consumer goods, rather than resultant injury to the consumer among others is recommended.
References
Constance Ngonadi v .Nigerian Bottling Co. Ltd [1985]1 Nigerian Weekly Law Report (Pt.4)739, where the plaintiff/Appellant sustained severe injuries from a brand of kerosene refrigerator which was sold to her by the Defendant/Respondent.
The various types of measurements are expressed in metric units as follows; length to be in Millimetre, Centimetre, Decimetre, Metre or Kilometre; area to be in Square millimetre, Square centimetre, Square decimetre, Square metre or hectare; Capacity to be in Litre or Hectolitre, Millilitre; electrical, current to be in AMPERE, electrical resistance in OHM difference of electrical potential in VOLT and electrical powerin WATT; mass or weight to be in Milligram me, Hectogram me, kilogramme or metric tonne; volume to be in Cubic millimetre, Cubic centimetre, Cubic decimetre or Cubic metre
Cap. 467, Laws of the Federation, 1990
Section 27 of the Weights and Measures Act, Cap.
Cap W3,2004s
The definition given to trademark in the Trademarks Act is not wide enough.It should be expanded to include symbols,pseudonyms,shape and presentation of goods,and packaging.
(1866)1 Ch.App 192 at 196,as cited by K.A Apori,The distinctive trade mark in an illiterate setting : A critique of the early trade mark cases and passing off law in Nigeria. Univesity of Benin Law Journal, 1, 6
[1968]1 ALL Nigeria Law Report 300
(2001) 6 NSCQR 997, [2001] 10 Nigerian Weekly Law Report (Pt. 722) 540
The tort protects the consumer from unfair trade practices by manufacturers and other key players
in the chain of distribution who put in the overt market potentially dangerous and shoddy consumer
products,unwholesome and adulterated food, fake and substandard food and fake drugs.
Supra
Negligence as an impractical theory of consumer protection, particularly in the context of the twin
issues of the foolproof production process rule and the burden of proof, bears much relevance to
products of the beer and beverages industry than to other types of goods.
(1998)8 Nigerian Weekly Law Report 295
See also Ogbimi v. Guiness (Nig.) Ltd[1981]1 FNR67
(1980)1PLR538
(1983) 1 FNLR 42
[2007] ALL Federal Weekly Law Report (Pt.364) 360
(1980)NCLR109
(1932)A.C 502
(1973)NCLR382
In this case, the plaintiff in the course of eating the biscuit manufactured by 1st defendant, and sold by 2nd defendant in its supermarket found a decayed tooth in it, and in consequence became hysterical and physically ill. The court held that the consumer of biscuit would reasonably not be expected to carry out an examination of the product before consuming it. The defendants were held liable.
(1963) 27 Cal. Reporter 697,
Established by the National Agency for Food and Drug Administration and Control Act,Cap.N1 Law of the Federation of Nigeria 2004
The Department however ceased to exist by the promulgation of Decree No. 15 of 1993, which established in its place the National Agency for Food and Drug Administration and Control (NAFDAC) on the 1st day of October 1992.
Section 1(a) & (b).
NAFDAC laboratories investigate and pronounce on the quality of imported, exported and locally manufactured food products and water based on national and international standards (CODEX) and regulations. The laboratory testing aspects include: microbiological, pesticide residue, trace metals, mycotoxin analysis and radiation monitoring.
Decree, No, 56 of 1971- Retained as Cap 412, Law of the Federation of Nigeria,1990.
Section 2(a) of the Consumer Protection Act,No.66,1992,
Section 2(e)
Section (c)
Cap.W3, Law of the Federation of Nigeria, 2004.Under section 49,individual offenders under the Act are liable to N500.00 fine,or one year imprisonment,while corporate bodies are liable to N5,000.00 fine on conviction.
No.66 of 1992,now Cap.C25, Law of the Federation of Nigeria, 2004
No.15 0f 1993,now Cap.N1, Law of the Federation of Nigeria,2004
Cap.S9, Law of the Federation of Nigeria ,2004.
The law is clearly absent from the Laws of the Federation of Nigeria,2004.
Cap M10. Law of the Federation of Nigeria, 2004 .It is an offence under s.18,to make false representation as to mark
Cap.H4, Law of the Federation of Nigeria, 2004
Cap77, Law of the Federation of Nigeria,1990
Cap .65, Law of the Federation of Nigeria 1990, Cap. p28 Law of the Federation of Nigeria 2004
,Cap.T.12,2004
No. 21 of 1999,now Cap. F3. It is an offence under Section 6, to manufacture, prepare, preserve, package or store for the purpose of selling any food, drug or cosmetic. Section 19, creates a penalty of a fine of not less than N50,000, or a term not exceeding 2 years or to both such fine and imprisonment
Section 8 of the Consumer Protection Council Act,66 0f 1992,
Except the Sale of Goods Act and Hire Purchase Act
Cap 365, Law of the Federation of Nigeria 1990, Cap. P28 Law of the Federation of Nigeria 2004
Cap.223, Law of the Federation of Nigeria.1990, Cap M10.Law of the Federation of Nigeria,2004 .It is an offence under s.18,to make false representation as to mark
1992,Cap.T.12,2004
1999,C.34,2004
No 19 1993, Cap F33, 2004
Cap. 150, Law of the Federation of Nigeria 1990, Cap F32 Law of the Federation of Nigeria 2004
Cap77,Law of the Federation of Nigeria,1990
Section 243. (1)
Cap 169, Law of the Federation of Nigeria 1990, Cap. H4, Law of the Federation of Nigeria 2004
(1965) International Weekly Law Report 429
(2001)12 Nigerian Weekly Law Report (PT.728)685
(1991)5 Nigerian Weekly Law Report(Pt.193)593 at 650-651
(1997)6 Nigerian Weekly Law Report (Pt.509)374 at 407
See generally on this issue:L.O.Ejisun v.M.Ajao and others Dr.O.O.Kalu & Anor v.Dr.S.Mbuko(1998)3 Nigerian Weekly Law Report (Pt.80)86, N.E.P.A V. Alli, (1992)8 Nigerian Weekly Law Report (Pt. 259)279
