There is no gain saying the fact that Most Nigerian consumers are ignorant of the existing laws that protect them from exploitation and other forms of abuse in the marketplace. As a matter of fact Unfortunately, final consumers who fail to acquaint themselves with are yet to know laws protecting them usually become as well as it’s their implications are often the victims of circumstances, as they barely know their rights and responsibilities.The resultant effect of this is the continued abuse and neglect of consumers and the unimaginable increase in the number of fake and substandard goods and services, which has exposeds the consumer to series of health harzards.
In protecting the rights of Nigerian consumers, the Federal Competition and Consumer Protection Act (FCCPA) 2018 represents a threshold that must be respected by all businesses. It spells out the rights of consumers and sanctions for the violation of those rights. The law also provides consumers with wider variety of quality products at competitive prices by prohibiting restrictive or unfair business practices, which restrict or distort competition, or constitute an abuse of a dominant position of market power in Nigeria.
Interestingly, the FCCPA also created the Federal Competition and Consumer Protection Commission (FCCPC) with the mandate to implement the law by protecting and promoteing the interest of consumers as well as promote and maintain competitive markets in the Nigerian economy.
The rights of consumers enunciated by the FCCPA include right to information in plain and understandable language, disclosure of price of goods or services, product labeling and trade descriptions, disclosure of reconditioned or second-hand goods, consumer’s right to cancel advance reservation, booking or order, consumer’s right to return goods and right to fair dealings.
As part of general standards for the marketing of goods and services, the FCCPA prohibits the marketing of products or services in a manner that is likely to imply any false or incorrect representation concerning goods or services, including presentation in a manner that is reasonably misleading or likely to be misleading in any material respect concerning the nature, properties, advantages or uses of the goods or services.
Despite the coming into being of the FCCPA in January 2019, following President Muhammadu Buhari’s assent, consumers continue to fall prey to the sharp practices of businesses who will stop at nothing in exploiting the market system to their advantage.
existence of these rights Nigerian Consumer remain one of the most vulnerable Consumer in the world. Reason being that, the Consumer has continued to fall prey of unhealthy business practices and business insensitivity in the market place.
The menace of consumer abuse is not limited to products. brands alone, It cuts across every sector of the economy other sectors. For instance, there have been reports of how customers of a body enhancement clinic, Med Contour Services Limited, were maimed lost their lives in Nigerian hospitals under circumstances considered by the victims as untoward. One of the said victims allegedly lost her life owing to what her family considered was a mismanagement of her case.
Specifically, Vivian Onwuzuligbo, a family member of Nnneka Onwuzuligbo (a deceased client of Med Contour) reportedly made allegations to the effect that her sister died as a result of a failed cosmetic surgery carried out by Dr, Anu Adepoju, the proprietress of the clinic. medical doctor. Other accusations in that respect litter the media space in the country. All these resulted in the sealing of the cosmetic surgery clinic by due to care giver’s negligence. One of such reasons is why the Federal Competition and Consumer Protection Commission (FCCPC) had in April. , sealed (MedContour), a plastic surgery hospital over suspicions of illegal activities.
Subsequently, on 3rd July, 2020, the FCCPC arraigned the proprietress, Dr. Anu Adepoju and her plastic cosmetic surgery clinic at the Federal High Court in Lagos, over alleged evasion from the Commission’s investigation into a failed plastic cosmetic surgery. The said investigation followed complaints received by the FCCPC regarding failed elective cosmetic surgical procedures allegedly performed by Dr. Adepoju and her colleagues at Med Contour. Incidentally, the refusal of Dr. Adepoju to honour a summon to attend the Commission’s investigation and present relevant documents is the subject of her ongoing prosecution by the FCCPC.
Another recent intervention by the FCCPC was a public inquiry it held in March 2020, as part of investigation into possible violation of patient/consumer rights, Similarly, following the dead death of one Moradeun Balogun on December 2, 2019, after she who was allegedly refused treatment by a hospital due to lack of a police report. The Commission opened an investigation to determine the circumstances of her death, and whether it was a possible violation of her consumer/patient rights bill under the FCCPA.
During the public hearing, the Lagos State Attorney General and Commissioner for Justice, Moyosore Onigbanjo, held that, there could be no justification for the rejection of accident victims by hospitals.
He said, “It is inconceivable that some hospitals and health care practitioners still deny victims of accidents timely medical attention and care. The right to health is entrenched in the constitution of the Federal Republic of Nigeria as well as in the National Health Act of 2014 and the Patients’ Bill of Rights. Section 20, subsection one of the National Health Act prohibits health care providers, workers and establishments from refusing a person medical treatment for any reason and further prescribes punishment where such a provision is violated.
In the light of the above, FCCPC issued a statement recently, stating that, “the commission must be allowed to function without any form of underlying hindrances. Thankfully, the current leadership of the Commission has been proactive and diligent in ensuring that its mandate is achieved.”
It is also to FCCPC’s credit that it arraigned four supermarkets and pharmacies in Abuja in June 2020 over allegations of price gouging, The companies were accused of hiking unfairly the prices of personal hygiene products during the Coronavirus pandemic, thereby taking undue advantage of desperate and vulnerable consumers.
Indeed, Nigerians should be happy that FCCPC’s current leadership, led by Babatunde Irukera, is resolute in its determination to ensure that consumer rights are respected in the country. More so, the Commission’s chief executive officer, unlike many others, personally ensures that the job is done. He goes for company and market inspections like other operatives of the Commission, and as a lawyer, he adorns his wig and gown to prosecute cases in Court for the organisation.
In addition, the Chief Executive Officer of the commission Babatunde Irukera is not an arm chair Chief Executive Officer, he saves cost by flying all over the country prosecuting cases for FCCPC. A recent case in mind is the one in Uyo over rice smugglers. He is knowledgeable and knows his onions, not a case of personal interest. The statement said
Unfortunately, the vigour Mr. Irukera has brought to bear on the job of the Commission goes with a price. His recent prosecution of Dr. Adepoju and Med Contour drew the ire of the medical doctor’s cheerleaders, who threw all sorts of vitriols at the man. They made frantic efforts to whip up sentiment and make Nigerians believe that the medical doctor was being persecuted by an agency that allegedly has no powers to deal with issues bordering on the safety and welfare of her clients, who indeed are consumers of her body enhancement services. Obviously, these “critics” know nothing about the person of Irukera and his style as a leader who leads from the front.
According to the statement; “many laws guiding the Federal Republic of Nigeria, despite the country’s complex demographic composition, are unambiguous.”
FCCPC continues to insist that its investigation of Dr. Adepoju and Med Contour is about consumer protection and the services they are providing, and not an attempt to regulate the medical profession.
However, Dr. Adepoju’s cheerleaders are making frantic efforts to whip up sentiment and make Nigerians believe that she is being persecuted by an agency that allegedly has no powers to deal with issues bordering on the safety and welfare of her clients, in otherwords consumers of body enhancement services.
Now that the matter is before a court of competent jurisdiction, It is expected that Dr. Adepoju would harness her facts and evidence and proceed to defend herself and her clinic, instead of the futile media assault against the FCCPC. She should have no problem with going to clear her name of any wrongdoing in Court. Seeking public sympathy in a matter of grave consumer dissatisfaction with the services she renders should never be.
We have not lost hope in Nigeria to the extent that alleged infractions of extant laws and possible violation of consumer rights could just be swept under the carpet.
Thankfully, the Commission does not appear distracted, and we urge its leadership to handle the Dr. Adepoju and Med Contour issue with utmost professionalism and arrive at a verifiable outcome that can satisfy public interest.
The recent activities of the FCCPC show clearly that consumer protection is beginning to take root in Nigeria. Businesses need to understand the workings of the Commission, live up to their obligations under its enabling law and respect the rights of consumers. Consumers on their part must acquaint themselves with the provisions of the FCCPA and take advantage of same in asserting their rights in the market place.
