Consumerism and the Administration of Consumer Protection Law: Nigeria in Perspective

Abstract

This paper examined Consumer Protection under the Sale of Goods Act 1893 in Nigeria and how to protect, preserve and safeguard the rights and interest of consumers in the course of purchasing goods and services. Consumer protection in Nigeria, unlike most developed countries had remained at the lowest ebb largely due to the prevalence of unwholesome business practices. The paper adopted the doctrinal method of research where primary and secondary sources were used. It was found that although there was a Consumer Protection Council up till recently which recognized the rights of consumers, the enabling Act did not specifically provide how these rights should be enforced. The study also found that most consumers do not take time to study the labels on products before purchase and as a result they do not have full information about the products before purchase which will help them to know as well as enforce their rights. The study equally found out that Consumers awareness of their right was low, which resulted in low level of litigations against manufacturers and sellers. This situation led to the passing of the Federal Competition and Consumer Protection Act on the strength of which the Federal Competition and Consumer Protection Commission was established in 2019 as a more potent alternative to replace the Consumer Protection Council and its enabling law being the Consumer Protection Council Act, 2004. It was recommended that: Nigerian courts should adopt a more proactive and objective approach to the issue of proof in food poisoning and other products failure cases as exemplified by the decision in Osemobor v Niger Biscuits Co. Ltd and Nassars and Sons by imposing strict liability on manufacturers; and that the Nigeria courts should apply the principle of res ipsa loquitur in clear cases of manufacturing defects since in such cases the plaintiff may not always be able to discharge the burden of establishing negligence and linking same to his loss or injury.