The event co-hosted by the Consumer Protection Council (CPC) provided an opportunity for lawyers to gain insight into that area of practice. Mrs. Dupe Atoki, Director-General of CPC was on hand to share her experiences. Atoki who insists that law is only the solution to consumer rights violation in Nigeria was also conferred with the Guiding Light Award in recognition of her selfless and professional service to the nation by (SBL) Committee. AMEH EJEKWONYILO reports. For members of the Nigerian Bar As­sociation, Abuja, it would remain a memorable dinner as lawyers and the officials of the CPC came together to explore areas of challenges and oppor­tunities in trying to enforce consumer rights. Setting the tone for the day’s discourse was the Abuja Unity Bar Chairman, Mr. Agada Elachi. He told the co-hosts, CPC, led by its Director-General that the at­tendees were essentially interested in knowing what the opportunities were in the sector having seen the challenges consumers are faced with in fighting for their rights whenever such rights are trampled upon by business owners. Riding on the crest of former U.S Presi­dent, John F. Kennedy’s special address to Congress on protecting consumer’s inter­est where he declared that: “All of us are consumers. All of us deserve the right to be protected against fraudulent or misleading advertisements and labels… the right to be protected against unsafe or worthless drugs and other products,” Mrs. Atoki decried the endemic im­punity of business operators who daily short-change consumers of their prod­ucts and services with little or no regard to consumer satisfaction. She named the electricity sector as the most wanting of all the sectors, noting that consumers are often ripped off with the collusion of regulators and trade associations in the industry. Despite the alleged machinations of business operators including multina­tional companies, Atoki told the audi­ence that the amount of progress made by the council in reducing the level of consumer abuse and in curbing the ex­cesses of multinationals in their interac­tions in the country is attributable to the use of the prosecutorial powers of the council’s Act. The CPC which was established pursu­ant to the Consumer Protection Council Act (CPCA) CAP C.25 Laws of the Fed­eration in 2004, empowers “the coun­cil to investigate and act on complaints from consumers; receive inquiry into the causes and circumstances of injury, loss or damage suffered or caused by a com­pany, firm, trade, association or individ­ual; and where appropriate, impose the payment of compensation by the offend­ing to the injured consumer. The council is also vested with powers to grant reme­dial orders in addition to court based civ­il remedies instituted by the consumer, based on its investigation of consumer complaints. “Any person who violates any order of the council is guilty of an offence and li­able on conviction to imprisonment or fine. “The council can compel cooperation of persons by issuing summons requiring attendance to testify before the council or to produce documents. Any person, who without sufficient cause neglects or refuses to obey the council’s summons is guilty of an offence and liable on con­viction to imprisonment or fine,” among other provisions in the council’s Act. Atoki enumerated the council’s man­date to include: “To provide speedy re­dress to consumer complaints against trade malpractices. “To remove and eliminate hazardous, substandard/fake products from the market place and providing protection, compensation, re­lief and safeguards to injured consumer or communities from adverse effects of technologies; encourage trade, industry and professional associations to develop and enforce quality standards designed to safeguard the interests of consumers. “Issue guidelines and regulations to manufacturers, importers, dealers, wholesalers of products and services; Conduct quality tests and analysis on products and services, and banning the sale, distribution, advertisement of sub­standard, defective unsafe products and services. Encourage the formation of voluntary consumer groups or associa­tions for consumers’ well-being; compel manufacturers, dealers and service pro­viders to give public notice of any health hazards inherent in their products or ser­vices, and implement and prosecute any person who contravenes any enactment whatsoever for the protection of the con­sumer.” Taking about the nation’s consumer protection marketplace, Atoki disclosed that a free market economy like Nigeria, “inherently harbours a lopsided market structure that favours providers of prod­ucts and services to the detriment of con­sumers.” She identified some sectorial imperfections where consumers’ rights are often abused to include: the telecoms, aviation, banking, power, satellite televi­sion broadcast, food and beverages sec­tors, saying that a consumer who is dis­satisfied with a product or service has the right to redress. This, she, disclosed “can be done either through a refund of money paid or repair or replacement of the product.” In addition, she revealed that the adoption of sectorial intervention by the Council in addressing consumer abuses has had widespread positive effects in the sectors so far investigated. The DG pointed out that the Council’s secto­rial investigation was on-ongoing in the banking, hospitality, electricity and avia­tion sectors, while those of the food and beverages as well as satellite television sector had been successfully undertaken. She further explained: “interventions in other problematic sectors would also be undertaken as we progress in order to al­leviate the suffering of consumers,” stat­ing that the strategy became inevitable in view of the widespread consumer abuses in the country. According to CPC Boss: “In view of the myriads of consumer complaints in various sectors, it became apparent that the resolution of individual complaints alone will not make the desired impact. Sectorial intervention was identified as a major strategy for arresting systemic ir­regularities and modifying the behaviour of firms for faster and widespread resolu­tion of consumer complaints.” Atoki averred that some of the chal­lenges facing the agency, prior to her assumption of office, such as low level of consumer awareness, consumer apa­thy; impunity of businesses; brick wall­ing by sector regulators, and protection of self-interest by trade association, were already being addressed the council’s strategic plan. “The committed execution of the stra­tegic initiatives carried out by the coun­cil under the current administration has awakened, to a great extent, the con­sciousness of Nigerian consumers, who are now more assertive and are thereby beating businesses to retreat from their erstwhile practice of shortchanging con­sumers. The council’s mandate over every single service and product in the coun­try is a huge one which requires a well-articulated strategy to execute. Therefore, we undertook a survey to assess the level of the council’s visibility. The survey re­vealed that there was very little knowl­edge of the council’s existence, extreme consumer apathy and widespread disen­chantment as consumers did not know where to turn to for redress. The findings served as a guide for a four year strategic plan from which evolved strategies for the council’s cur­rent operations.” The Director-General underpinned the importance of consumer awareness which she said is key to an effective con­sumer rights enforcement. “Consumer rights awareness enables the consumer to make an informed choice when purchasing goods and ser­vices, which safeguards against unfair trade practices and consumption of un­wholesome goods and services. This is one of the tripods of the Council’s Stra­tegic Plan, because an informed con­sumer is assertive, able to check abuses and therefore minimize impunity. “Busi­nesses are now compelled to comply with consumer regulations and are beginning to come to terms with the powers of the council to protect consumers. The cul­ture of business impunity is, therefore, beginning to diminish,” the CPC boss further asserted, adding that, “it is our hope that in the nearest future, consum­ers will actually be kings/queens in the marketplace in Nigeria. Reeling out some of the Council’s many success stories, Mrs. Atoki recalled the many battles she fought with big corpo­rations all in a bid to ensure that the Ni­gerian consumer was not shortchanged. She announced the Council’s interven­tion in the food and beverage sector had yielded tremendous success. “The Coun­cil’s successful intervention on behalf of consumers against the Nigerian Bottling Company and Coca-Cola was a big vic­tory for the Nigerian consumers. Aris­ing from the landmark achievement, the Council has recorded fewer complaints pertaining to half-filled bottles, particles in bottles, amongst others. “Intervention in the telecoms sector: A consumer participated in an MTN ‘Wonder’ Sales Promo and was declared a winner of N2, 000 000. He was how­ever only paid N150, 000. Upon receipt of the complaint and investigation, the council ordered MTN to pay the balance of N1, 850,000 to the winner, which was complied with, within 48 hours of the receipt of the order. Intervention in the Pay TV Sector: Pursuant to consumer complaints concerning poor quality of service by Multi-Choice Nigeria Lim­ited through its Direct Satellite Broadcast Service- DSTV, the council conducted an investigation into the delivery of this ser­vice and ordered Multi-Choice amongst other things – adjust its billing system, provide popular channels on the most af­fordable bouquets, provide toll free lines for summers; all of which have greatly improved the services of the said com­pany. Consumers’ feedback: The council has been securing redress for the ag­grieved consumers in different sectors of the Nigerian economy, drawing several emotional letters of appreciation from grateful and elated consumers.” Like every public institution in the country where funding is problematic, the Director-General stated that the sup­port sought and received from interna­tional donors by the council to confront its acute financial challenge in executing its programmes, such as consumer edu­cation, in the fulfillment of its mandate was a product of ‘innovative thinking.’ The high point of the event was the conferment of the Guiding Light Award on Dupe Atoki by the SBL Commit­tee in recognition of her selfless and professional service to the nation. The award was presented to her on behalf of the Committee by Chief Adegboyega Awomolo (SAN) who happened to be her only call mate at the event. Atoki had earlier in the course of her presentation, disclosed that using the the law to redress the rights of consumers, often violated by big corporations and business operators, often come with great risk, owing to the fact the Council have had to step on toes to actualize its objectives. On the way forward in tackling the numerous challenges in the consumer rights enforcement sector in the coun­try, she averred that the Council was conscious of the fact that a virile con­sumer protection regime, which under­lines the prime position of the consum­er in a typical market-place interaction, is a catalyst for economic growth. “In view of this reality, the Council is com­mitted to raising the bar of its protec­tion of consumers as it will further firm up the use of its sectorial intervention strategy to secure far-reaching protec­tion for consumers. The Council will focus on maximizing the value of stra­tegic relationship with consumer orga­nizations, professional bodies and asso­ciations, relevant government agencies and industry stakeholders for the en­hancement of the welfare of Nigerian consumers. We will continue to support current clamour for the introduction of a consumer protection and competition law, which will bring a holistic protec­tion of consumers, including the modi­fication of the behaviour of businesses. “The Council, within its lean re­sources, will ensure the sustenance of its public awareness programmes as well as explore new opportunities for consumer awareness with the sole aim of equipping consumers with necessary skills for informed market-place inter­actions. CPC will also continue to strive to actualize its mandate in protecting and promoting the interests of consum­ers while minimizing the impunity of businesses.” The intermittent applause from the audience during Atoki’s presentation left no one in doubt that indeed there are boundless opportunities for lawyers in the country’s consumer rights sec­tor. However, one thing is clear, there is huge ignorance on the part of consum­ers in terms of knowing their rights, which must be addressed if they are not to be taken for granted by greedy busi­ness operators in the country. BY AMEH EJEKWONYILO ]]>