AN APPRAISAL OF THE ENFORCEMENT OF CONSUMER RIGHTS UNDER THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT, 2019: THE CHALLENGES IN ENFORCING CONSUMER RIGHTS IN NIGERIA

Abstract

With the increasing rate of defective, un-wholesome and sub-standard goods/products available in Nigerian markets and its negative and deadly consequences on health, property and environment; when there are laws and institutions regulating, protecting and enforcing consumers? rights, it became imperative to research into the causes of the menace with a view to proffering solutions to curb the prevalence of the scourge. To achieve these, the conceptual method was adopted; which include the primary sources-case laws and statutes contained in existing National Laws, and secondary sources such as textbooks, articles in journals and tertiary sources internet materials. As a fact, that there are both institutional failure, to properly enforce the existing laws and the attitude of the consumer as a result of consumer apathy, lack of awareness/education of their individual rights within the ambits of the law. We also found that lack of funds and high rate of illiteracy are other limiting factors against consumer rights enforcement and protection. Further, there are many legal rules and multiple defenses in favour of the manufacturer, which incapacitates the activities of the Courts to enforce consumer rights, in case of breach brought before the Court. In conclusion, certain recommendations are proffered to curb the menace.