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 ]]>