Remedies Available To Consumers Against Manufacturers Of Defective Products, Goods And Services In Nigeria.

• Published date: 29 February 2024
• Subject Matter: Consumer Protection, Product Liability & Safety
• Law Firm: SK Solicitors
• Author: Mr Kingsley Izimah

INTRODUCTION:

Nigeria has so many laws and regulatory agencies aimed at protecting consumers from hazardous products, goods and service as well as securing rights of consumers from sharp practices of some manufacturers, service providers and product dealers in Nigeria.

From telecommunications to digital satellite television to electricity supply to imported and exported goods to market commodities to health care facilities and aviation services; citizens earnestly yearn for improvement in the quality of products, goods and services which they obtain in the course of their daily need for survival.

Just recently, the government of Nigeria promulgated the Federal Competition and Consumer Protection Act, 2019 (FCCPA), and this new piece of legislation have a propensity to introduce new developments in our economy while promoting fair, efficient and competitive markets in the Nigeria with a view to eliminating monopolistic practices of manufacturers of products and services. It also safeguards citizens from hazardous products, goods and services while encouraging competitive price rates among various brands of commodities in the market and most importantly, opens up channels for companies to invest in areas of business that has been monopolized by some companies such as digital satellite television and power supply.

In this article, we explore the rights and remedies available to a consumer as well as explore the various legal frameworks that guide a consumer who has suffered damages, loss or injury as a result of consumption or use of defective products or services to seek redress.

WHO IS A CONSUMER?

According to Webster's Dictionary, a consumer is a person who purchases goods and services for personal use and not for manufacture or resale. It went further to define a consumer as someone who can make the decision whether or not to purchase an item at the store and someone who can be influenced by marketing and advertisements. The dictionary also referred a consumer as a purchaser, buyer, customer, client, user and shopper.

From the above definition, a company, firm, community, village, agency, department, state and federal government can be a consumer so long as they need or affected by products, goods or services from manufacturers.

WHAT ARE THE RIGHTS OF A CONSUMER?

The fundamental rights of a consumer are:

1. Right to basic needs: This guarantees survival, adequate food, clothing, shelter, health care, education and proper sanitation,
2. Right to safety: This places emphasis on safety of products and guards against production, advertisement and circulation of harmful products, goods and services,
3. Right to information and education: Before any product, good or services are made available for public consumption or use, adequate awareness and sensitization campaign are to be carried out,
4. Right to choose and healthy environment: To avoid monopoly, the consumer has a choice to patronize diverse brands, sizes and colours from different manufacturers at a competitive price rate and most importantly, in a healthy environment.
5. Right to redress: In line with section 36 of the 1999 Constitution of the Federal Republic of Nigeria, every consumer has a right to approach any court, tribunal or committee to seek redress over any injury, loss or damage arising from defective product or misrepresentation and be adequately compensated in the event that a manufacturer is found guilty.

The above rights relates to the reason why it is often said that "customer is king" and without a consumer, there would be no need to produce or manufacture any goods or provide services.

LAWS PROTECTING NIGERIAN...