By Oliver Azi

Protecting the rights of consumers or customers is extremely important in any thriving economy. In Nigeria today, the Federal Competition and Consumer Protection Act, 2018 makes provision for the rights of a consumer and how these rights can be safeguarded. This article intends to explore these rights under the said legislation.

Beyond being any person who purchases or offers to purchase goods, products, and commodities for consumption, including persons to whom services are rendered; a consumer is also an individual who buys products or services for personal use and not for manufacture or resale. While Consumer protection can be viewed as the totality of efforts geared at preventing consumer exploitation; through consumer protection, the government ensures that consumers derive maximum satisfaction from the services available in the market.

Rights of Consumers Under the FCCPA, 2018

The Act empowers consumers of goods and services with the following rights as enshrined in Sections 114-122 of the FCCPA, 2018.

  1. Right to Information in Plain and Understandable Language

A consumer of goods and services has the right to information about the goods in a plain and understandable language. Information is said to be in a plain and understandable language if a layman is able to read and comprehend it.

  1. Disclosure of Price of Goods or Services

Any goods or services for sale put on display should have a price tag attached to it. Doing otherwise contravenes section 115 of the FCCPA.

  1. Product Labeling and Trade Descriptions

The seller of a product should not mislead or entice a customer into buying a product which does not have the requisite features the customer seeks.

  1. Disclosure of Reconditioned or Second-Hand Goods

A customer ought to be informed of the nature of the goods he wishes to purchase. When an undertaking supplies second-hand goods, they must notify the customers that the goods are second-hand or have been reconditioned.

  1. Sales Records

An undertaking must provide a customer or consumer with a receipt of goods bought. And this receipt must include the customer’s vital information such as his name, address, quantity of goods bought, unit price, and the total transaction price.

  1. Consumers’ Right to Select Suppliers

A consumer or customer has the right to select suppliers. No undertaking shall require him in a contract or agreement to buy or purchase any other goods apart from the one he entered a contract into.

  1. Consumers’ Right to Cancel Advance Reservation, Booking or Order

A consumer has the right to cancel any advance reservation, booking, or an order of goods or services on “a reasonable charge”.

  1. Consumers’ Right to Choose or Examine Goods

A consumer has the right to select or reject goods sold or displayed from an open stock before payment.

  1. Consumers’ Right to Return Goods

A consumer has the right to return goods that do not correspond with the description or sample.

In retrospect, it is trite law that a wronged consumer has a right of civil action for compensation in a court. Anybody who contravenes any consumer rights is liable to imprisonment for five years or N10, 000,000 or both. In the case of a body corporate, it is liable to N100, 000,000 or 10% of its turnover whichever is higher. Also, each director is personally liable.

Legal Writer and Researcher, Oliver Azi, is a law graduate from the University of Jos and Bar Part II Aspirant of the Nigerian Law School. He can be reached at oliverazi20@gmail.com or Oliver Azi on Linkedin

_______________________________________________________________________ Groundbreaking Guide For Lawyers: Adigwe Publishes ‘Artificial Intelligence For Lawyers’ With Free Research eBook The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion. Ohio Books Ltd praises the publication, stating: "....this is the only Nigerian book I know of on the topic." How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌎 Website: www.benadigwe.com Ebook Version: Access it directly online at https://selar.com/prv626 Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria. ______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation ________________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com

_______________________________________________________________________