In a country where consumers of goods and services are perpetually being ripped off by business, many have questioned the capacity of the Federal Competition Consumer Protection Commission (FCCPC) to fight for consumers considering that other regulatory bodies remain onlookers; BENJAMIN UMUTEME writes.
Uzezi Samuel bought a new Tecno phone from one of the several businessmen that line Nyanya Market. According to Samuel, the seller had assured him that all the accessories were intact. Getting to the house and opening the packet, he discovered that one of the accompanying accessories was missing. Immediately, he went back to the seller who, rather than replace the missing earpiece, accused him of fraudulently collecting another earpiece.
After trading words with the seller, he was left with no choice than to buy another earpiece for the phone.
“At the end of the day, I left him to his conscience,” he said.
In the same vein, Oluchukwu Blessing booked online with GIG Motors to travel to Uyo, but due to the #EndBadGovernance protest the programme she was to attend was cancelled. When she went to GIG Motors in Jabi, Abuja, to seek a refund she was told that the ticket had expired and there would be no refund of close to N50,000 she paid for the ticket. On further inquiries, she was told that it was the company’s policy.
“How can they tell me that close to N50,000 is gone just like that. This is daylight robbery,” she said.
The two illustrations vividly captives what many Nigerians go through in the hands of businesses in the country.
For several decades, issues of consumer rights have always been relegated to the background with many options to engage in what late Fela called suffering and smiling and in the extreme they would leave it for God to intervene on their behalf.
Analysts have repeatedly said that the Nigerian consumer is the most abused globally, but that narrative is changing especially as more Nigerians are becoming more literate.
FCCPC
Established by Act No 66 of 1992, the Federal Competition Consumer Protection Commission (FCCPC) started operation in 1999, after its institutional framework was put in place.
The Council continues to see itself as being committed to protecting and enhancing consumers’ interest through information, education and enforcement of appropriate standards for goods and services and to promote an environment of fair and ethical trade practices.
Its mandate includes providing speedy redress to consumers complaints through negotiation, mediation and conciliation; seeking ways and means of removing from; the markets hazardous products and causing offenders to replace such products with safer and more appropriate alternatives; publishing from time; to time list of products whose consumption and sale have been banned, withdrawn, severally restricted or not approved by the federal government.
They also include causing an offending company, firm, trade association or individual to protect, compensate, provide relief and safeguards to injured consumers; or communities from adverse effects of technologies that are inherently harmful, injurious, violent or highly hazardous; organising and undertaking; campaigns and other forms of activities that will lead to increased public consumer awareness; encouraging trade, industry and professional associations to develop and enforce in their various fields, quality standards designed to safeguard; the interest of consumers; Issuing guidelines to manufacturers, importers, dealers and wholesalers in relation to their obligation under the CPC enabling law.
Encouraging the formation of voluntary consumer groups or associations for consumers’ wellbeing; ensuring that consumers’ interest receive due; consideration at appropriate fora and providing redress to obnoxious practices or the unscrupulous exploitation of consumers by companies, firms, trade associations or individuals; registering of products, services and sales promotions in the market place.
Consumer’s ignorance
Analysts have said that the infringement on consumers’ rights is largely due to their ignorance of their rights.
For Executive Director of Save the Consumers Initiative, Aliyu Ilias, said it was clear that most Nigerians do not know their rights.
In a telephone interview with Blueprint Weekend he noted, “The most challenging issue is that when consumers face abuse, rather than voice out they would rather remain quiet about it and avoid patronising the business.”
He said, “Most of our regulatory bodies need to do more in terms of educating people on their rights. FCCPC should be the last resort but most regulatory bodies fail to even come out to say it.
“Look at NERC, they have wonderful rules but they are not making it public for consumers to know. Look at NAFDAC, look at SON; it’s as if they do not exist in educating the public and it’s part of their responsibility to educate the public.
“I remember there was a time NAFDAC came on line to educate people on how to differentiate between a substandard drug and an original one but they have stopped. It has to be a continuous exercise. So, most of our regulatory bodies have failed in that regard.
“Every business wants to make profit. They would take advantage of a lacuna to take advantage of people. That is why we have regulatory bodies. They are supposed to be a watchdog that would ensure that Nigerians are not surcharged.”
However, a Consumer Advocate, Olanrewaju Oginni, said a large number of Nigerians are unaware of their rights as consumers and often go away with goods or services they are unsatisfied with.
According to Oginni, there is a general apathy on the part of Nigerians to report substandard goods or services to the Consumer Protection Councils.
He said some consumers prefer to remain unruffled, while some only get angry and leave the complaint to slide.
Oginni charged the Council to intensify efforts on the campaign for consumer satisfaction as most Nigerians are ignorant of its activities.
It behoves the Council to take the bull by the horn and explore innovative ways to make its activities known to Nigerian consumers.
Making its presence felt
In spite of its limited human resource, the FCCPC has been able to make its presence felt across the country.
In its 2016 annual report, the Commission was able to issue orders for refund and compensation to consumers to the tune of about N2.5 billion which included $31,948.87 and €1,406.
Also, FCCPC fined British American Tobacco and its affiliate companies $110m. In addition, the Commission recently fined tech giant, Meta.
On his part, an Associate with Data Protection Compliance, Shalom Bamigboye described the FCCPC’s action as a turning point in Nigerian tech regulation.
According to Bamigboye, who is a tech expert, the case against Meta is a grave one.
“Nigerians must move beyond binary thinking and recognize the gravity of the accusations against Meta. Despite grievances with public institutions, it is crucial to understand that Meta must comply with Nigerian laws.
“With WhatsApp being the most widely used social media platform in Nigeria, boasting close to 95% penetration among internet users, the implications of this case are profound.
“Protecting the privacy rights of Nigerian citizens is paramount. However, with WhatsApp hinting at the possibility of discontinuing services in Nigeria, a cautious approach is essential.
“A service disruption could have counterproductive consequences, affecting millions of users,” Bamigboye said.
Giving hope to Nigerians
Ilias noted that recent actions by the FCCPC are beginning to give hope to Nigerians.
“The FCCPC has given hope to Nigerians over time. You will recall the issue of digital lenders. The FCCPC had to bring up regulations, which is not their responsibility. And that is why some of us are canvassing that anything that has to do with blockchain or digital transaction, maybe, the federal government can establish a separate entity that would be looking into that because if you look at blockchain, online transaction, even online digital platforms, there is no clear-cut regulatory body.
“Look at these four regulatory bodies; CBN, NITDA, SEC, even FCCPC, all of them are sharing the right to address issues that regard blockchain, digital lenders and what have you. There should be a dedicated agency. If you look at the CBN it is concerned with price and economic stabilization. If you look at the FCCPC, their main focus should be to look at mergers and make sure businesses have a competitive environment in Nigeria. If you look at the SEC, it is much more of the capital market.
“I think the federal government should set up an agency that will look at financial digital platforms because more things are happening online and its financial fraud in nature. There should be a separate entity that should look at blockchain, cyptocurrency, digital transactions, digital lenders, and that is what Save the Consumers have been canvassing over time that there should be a separate entity for it.
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