AN EVALUATION OF THE PROTECTION OF NIGERIAN CONSUMERS UNDER THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION ACT

Abstract

The introduction of a codified set of competition rules into Nigeria’s regulatory framework came as a long anticipated change. The aim of the legislation is to ensure that market distortions across all sectors are minimized and the rules of fair play are respected in the market place across various commercial transactions in Nigeria. The Federal Competition and Consumer Protection Commission Act (FCCPA) 2018 amongst other things repealed the Consumer Protection Council Act 2004; dissolved the Consumer Protection Council (CPC) and established the Federal Competition and Consumer Protection Commission (FCCPC) in its stead. The FCCPA is an interwoven legislation encompassing competition law, consumer rights, consumer protection, product liability, misleading advertisement and other unfair trade practices. The rights and protection afforded consumers under the FCCPA are more explicit and comprehensive than the rights and protection afforded consumers under the repealed CPC Act. Further, the FCCPA provides variety of options availing consumers in the enforcement of their rights thus affording consumers the liberty to choose the most suitable option to enforce their rights. This article examined the highlights and changes into the Nigerian consumer protection regime which the FCCPC Act introduced and particularly the extent to which the regulatory oversight of the FCCPC envisages a holistic protection of Nigerian consumers. The article concluded that the extensive powers of the FCCPC are likely to create areas of conflict due to its overlapping functions as a co-regulator with other specific regulators of industry in matters of competition and consumer protection. It recommended that for the FCCPC to discharge its mandate under the Act, there must be effective implementation by a synergy with those specific regulators of industry.