PROTECTING YOUR NAIRA AND YOUR PEACE OF MIND: UNDERSTANDING CONSUMER PROTECTION LAWS IN NIGERIA. | Clementina E. Ukiri, Esq.

In Nigeria's bustling marketplace, consumers constantly engage in transactions – buying groceries, subscribing to services, purchasing electronics, and more. Yet, how many of us truly understand our rights when something goes wrong? From faulty products to misleading advertisements, unfair practices can leave consumers feeling helpless.

Fortunately, Nigeria has robust consumer protection laws designed to safeguard your interests. The Federal Competition and Consumer Protection Act (FCCPA) 2019 is the principal legislation, backed by the vigilant work of the Federal Competition and Consumer Protection Commission (FCCPC). Understanding your rights under these provisions is the first step towards empowering yourself as a consumer.

Your Fundamental Consumer Rights in Nigeria

The FCCPA and other supporting regulations enshrine several key rights for every consumer. Here's what you need to know:

• The Right to Safety: You have the right to be protected from products and services that are hazardous to your health or safety. This means goods should be safe for their intended use, and service providers must ensure your well-being. Manufacturers are strictly liable for any damage caused by defective goods, regardless of fault.
• The Right to Information: You deserve clear, accurate, and truthful information about the goods and services you purchase. This includes:

1. Price Disclosure: Prices must be clearly displayed, and businesses cannot charge you more than the displayed price.
2. Accurate Labelling and Trade Descriptions: Products must be properly labelled with relevant details (ingredients, expiry dates, origin, etc.), and descriptions must not be misleading or deceptive.
3. Disclosure of Second-Hand or Reconditioned Goods: If a product is used or refurbished, you must be informed conspicuously.
4. Full Transaction Details: You have the right to receive adequate information about every transaction, including a receipt.

• The Right to Choose: You have the right to select from a variety of goods and services offered in a competitive market. Businesses cannot force you to buy bundled products you don't want, nor can they limit your choice of supplier without just cause. You also have the right to examine goods before purchasing them.
• The Right to Redress (Remedy and Compensation): This is perhaps one of the most powerful rights. If you receive a defective product, a substandard service, or are subjected to unfair practices, you have the right to seek a remedy. This can include:

1. Refund: You have the right to a full refund, especially if goods are unsuitable for their intended purpose or if services are not as advertised.
2. Replacement: For faulty goods, you can demand a replacement.
3. Repair: You have the right to have defective goods repaired within a reasonable time and without undue inconvenience.
4. Compensation/Damages: If you suffer injury, loss, or damage due to defective goods or services, you can seek compensation.
5. Right to Cancel: You can cancel bookings, reservations, or orders, subject to reasonable charges.

• The Right to be Heard: You have the right to express your dissatisfaction and have your complaints addressed. This empowers you to engage with businesses and, if necessary, escalate your complaints to relevant authorities.
• The Right to Consumer Education: You have the right to acquire the knowledge and skills necessary to make informed and confident choices about products and services. This includes being aware of your rights and responsibilities.
• The Right to a Healthy and Sustainable Environment: While often overlooked in direct consumer transactions, this right ensures that goods and services are produced and consumed in a manner that does not harm the environment or compromise future generations' ability to meet their needs.

What to Do When Your Rights Are Violated

If you believe your consumer rights have been infringed upon, here's a practical approach:

• Communicate Directly with the Business: First, clearly articulate your complaint to the seller or service provider. Do so politely but firmly.

1. Keep records: Note down dates, times, names of staff you spoke with, and details of the issue.
2. Retain all evidence: Receipts, invoices, product packaging, warranties, photographs, and communication records (emails, chat logs).

• Escalate Within the Business: If your initial complaint isn't resolved, ask to speak with a manager or their customer service department's supervisor. Many companies have internal dispute resolution mechanisms.
• File a Complaint with the Federal Competition and Consumer Protection Commission (FCCPC): The FCCPC is Nigeria's primary agency for consumer protection. They have the mandate to:

1. Investigate consumer complaints.
2. Mediate disputes between consumers and businesses.
3. Enforce consumer protection laws.
4. Impose penalties on businesses found to be in violation.

You can file a complaint with the FCCPC through their website or by visiting their offices. Be prepared to provide all relevant details and evidence.

• Seek Redress Through Sector-Specific Regulators: For certain sectors, there are specific regulators with consumer protection mandates. For example:

1. Nigerian Civil Aviation Authority (NCAA): For aviation-related consumer issues.
2. National Agency for Food and Drug Administration and Control (NAFDAC): For issues concerning food, drugs, cosmetics, and medical devices.
3. Nigerian Communications Commission (NCC): For telecommunications services.
4. Central Bank of Nigeria (CBN): For financial services (banks, microfinance institutions).

• Consider Legal Action: As a last resort, if all other avenues fail, you can pursue legal action through the courts. This is where a lawyer can advise you on your options and represent your case. The FCCPA also provides for criminal punishments (fines and imprisonment) for significant violations of consumer rights.

Empowering Yourself as a Nigerian Consumer

Knowing your rights is the first step, but being proactive is key.

1. Be Aware: Pay attention to terms and conditions, warranties, and product labels.
2. Be Vigilant: Inspect goods before purchase and report suspicious practices.
3. Keep Records: Always demand and keep receipts, contracts, and any communication.
4. Speak Out: Don't suffer in silence. Report unfair practices.

Nigeria's consumer protection landscape has significantly strengthened with the FCCPA. By understanding your rights and knowing how to seek redress, you can ensure you get fair value for your money and contribute to a more ethical and transparent marketplace for everyone.

Clementina E. Ukiri, Esq. 

(07057269862)