An Appraisal of the Consumer Protection Council Act and Consumer Rights in Nigeria

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ABSTRACT

An Appraisal of the Consumer Protection Council Act and Consumer Rights in Nigeria

Adekunbi Adeleye*

Protecting the rights of consumers is pivotal in any market economy. Globally, laws are enacted and bodies institutionalised to protect the rights of consumers against unscrupulous manufacturers and distributors. These laws protect the interests of consumers; ensure accessible, transparent and efficient redress for consumers who are prone to abuse or exploitation in the market place. In the same vein, Nigeria has enacted the Consumer Protection Council Act with the aim to protect consumers from unscrupulous suppliers, unfair market practices, defective products and false marketing strategies. This paper examines the Consumer Protection Council Act and the functions of the Council. This is to determine how responsive the Council is in protecting the rights of consumers, and the effectiveness of the Act in actualizing its objectives as stated therein. To do this, the author adopts primary research methodology which includes review of scholarly articles on consumer protection.

INTRODUCTION
The idea of consumer protection started seriously in the mid-1950s and an American political activist, Ralph Nader championed the activism for consumer safety and protection in the 1960s.₁ Ralph Nader became prominent in the area of consumer safety and protection when he published a book titled ‘Unsafe at any Speed’.₂ The book was a critique of American automobile manufacturers. Nader wrote that American automobiles were unsafe to operate and argued that most accidents and traffic fatalities were as a result of automobile mechanical faults. His concern and advocacy for consumers’ safety led to the passage of the 1966 National Traffic and Motor Vehicle Safety Act. The Act birthed series of safety features for automobiles globally beginning with safety belts and stronger windshields.₃ Consumer protection has gained more popularity afterwards with legislation and policies recognising and protecting consumer’s rights globally.

Nigeria has equally not relented in her efforts toward protecting consumers from unscrupulous sellers and manufacturers through legislation, policies and institutions saddled with the responsibility to ensure consumers’ safety. The primary institution for consumer protection in Nigeria is the Consumer Protection Council.₄ To improve the working of the Consumer Protection Council, a research was carried out by a Commission on Consumer Programme for 2014-2020.₅ The report of this Commission shows that “consumer empowerment is not only a question of consumer rights but also of building an overall environment that enables consumers to make use of those rights and to benefit from them”. This means that for consumer rights and safety to strive in Nigeria, creating a healthy environment that promotes and allows for fair practices between seller and consumer is imperative and has become urgent.

* LL.M, BL. Lecturer, Department of Law, Kwara State University, Malete.

1. Niesen, M., ‘Crisis of Consumerism: Advertising, Activism, and the Battle Over the US Federal Trade Commission, 1969-1980’ (Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Communications in the Graduate College of the University of Illinois at Urbana – Champaign, 2013).
2. Nader, R., Unsafe at any speed: The designed-in dangers of the American automobile (Grossman Publishers 1965).
3. Nader, R., West’s Encyclopedia of American Law  accessed 7 December 2016.
4. Established under the Consumer Protection Council Act, Cap C25, Laws of the Federation of Nigeria, 2004.
5. COM (2011) 707 final.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.8 NO.2