THE ROLE OF CONSUMER PROTECTION COUNCIL IN THE PROTECTION OF CONSUMERS RIGHTS IN NIGERIA

ABSTRACT       .

 

 

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This research work is a very crucial study of the role of consumer protection council in the protection of consumer’s rights in Nigeria was motivated by the necessity to establish the extent of the need for the protection of consumer in  Nigerian market.

Precisely, the study addressed the following issues:

–                     The subject matter of consumer protection, the current development on how consumer rights have been abased, the role of the consumer protection council and if three are any law backing consumers in Nigeria market.  To solve the research problem, both primary and secondary data were collected.  The instrument used to collecting the data are personal interview with the divisional officer of Domestic trade promotion, information and complaints, oral interview with some consumer on product adulteration and related literatures.

The data collected from four (4) zones in Enugu metropolis were tabulated into frequencies and percentages.  Chi-square statistics was used to analyze and test the various hypothesis.

Data  interpretation and analysis gave the finding that consumers are actually protected, that the efforts to protect consumers are more now than before, but the consumers are not properly informed about the protection laws, and that most consumers do not know agency (ies) responsible for their protection.

Based on these findings, the researcher made the following recommendation, that a stringent measure should be taken to ensure legislation in the  country, that the consumer should be well informed about existing consumer laws, and that consumers complaints should be strickly followed  up by those incharage without any form of bureacracy. It is in this regard, that the researcher concludes that it has been found that consumer protection council has not been really in Nigeria despite the various strategies designed by the council to educate the public and proted the interest of the consumers

.Nevertheless, the problem at hand is so wide, that it will  take the commitment of the general populace to fight this ill that is eating up the society by way of abusing  the right of the consumer by the exploitative manufacturers.

TABLE OF CONTENTS

CHAPTER ONE: Introduction

1.1            Background  of the study                                              1

1.2            Statements of the problem                                             7

1.3            Objectives of the study                                                  8

1.4            Hypothesis                                                                              9

1.5            Significance of the study                                                         9

1.6            Scope/Delimitation of the study                                    11

1.7            Definition of terms                                                                  12

CHAPTER TWO: Review of Related Literature

2.1            Consumer protection and consumerism                        15

2.2            Marketing concept versus consumer protection            17

2.3            The Nigeria  concept                                                      19

2.4            The need for consumer protection in Nigeria                          22

2.5            Abuse of the consumer rights in Nigeria                        24

2.6            The establishment of the consumer protection council 27

2.7            Functions of consumer protection council                     28

2.8            Problems of consumer protection Nigeria                      30

CHAPTER THREE: Research Methodology

3.1            Research Design                                                            41

3.2            Sources of Data                                                             41

3.3            Population of study                                                       42

3.4            Sample  size determination                                            43

3.5            Sampling technique                                                       45

3.6            Sample Instrument and questionnaire  design               45

3.7            Questionnaire Administrative                                        47

3.8            Method of Data  treatment                                            49

CHAPTER FOUR

Presentation, Analysis and Interpretation of  Data

4.1            Analysis of consumer  questionnaire                                       58

4.2            Testing of hypothesis                                                    72

CHAPTER FIVE:  Summary of findings, Recommendation and  Conclusion

5.1            Summary  of Findings                                                   83

5.2            Recommendations                                                                   85

5.3            Conclusion                                                                     87

Bibliography                                                                           89

Appendixes                                                                                       91

CHAPTER ONE

INTRODUCTION

1.1     BACKGROUND  OF THE STUDY

          The  consumer protection council (CPC) was  established under Decree 66 of 1992.  The CPC has its  head  quarters of A2, Herbert Macaulay  way plot 2215 Wuse, Zone, 6, Abuja.  It  is set up,  to perform the followings as contained in the  decree:-

1. They provide speedy redress to consumer complaints through negotiation, mediation and conciliation.
2. Seeking ways and means of removing or eliminating from the markets hazardous products and causing offenders  to replace such products with safer and more appropriate alternatives.
3. They cause an offending company, firm, trade association or individuals to protect, compensate, provide relief and safe guards to injured consumers or communities from adverse effects of technologies that are inherently harmful, injurious, violent or highly hazardous.
4. Ensure that consumers interest receives due consideration at  appropriate time and to provide redress to obnoxious practices  or the unscrupulous exploitation of consumers by  companies, firms trade associations or individuals.

In the exercise of its functions under this decree, the council shall  have power to:

1. Apply to court to prevent the circulation of any product which constitutes an imminent public hazard.
2. Compete a manufacturer to certify that all safety standard are met in their products.
3. Cause as it deems necessary, quality tests to be conducted on a consumer product.
4. Demand production of  label  showing data and  place of manufacturer  of a commodity as well as certification of compliance.
5. Compel manufacturers, dealers  and services companies  where appropriate, to  give public notice of any health hazard appropriate, to give public notice of any  health hazard inherent in the products.
6. And ban the  sale distribution and advertisement of products which do not comply with safety of health  regulations.  (consumer  protection council Decree  No 66 of 1992).

Consumer protection with emphasis on the protection of the rights of the consumer from the injustices in the market place are increasingly becoming a crucial topic in marketing with a lot of implications for business.  The CPC sees the need to protect the interest of the citizens in Nigeria as a  result, the government agrees that consumer supremacy or the Latin (word)maxim “ Caveat Emptor”, a hoax because it has a constitutional obligation to protect the citizens who are  consumers in one  way or the other.  The CPC  therefore intervenes in the market system to  effectuate control over business activities through legislature and regulatory processes.

Consumer protection is prompted by the allegations of abuses of consumer rights in the market place.  Consumer rights in this regard are, the rights  of consumer to some basic entitlement in the  goods  and services they consume.  This basic  entitlement includes standard weight and measurers, adequate and appropriate quality of goods and services as well as right to consumer  information competitive choice, redress and environment protection.

The CPC has the following rights made known to consumers:

1. The  right to be informed:  Business should make of full and accurate disclosure  of their information (facts) on quality, longevity and materials  including basic prices, administrative costs, warranty limitations etc.  They should prepare and make available fact  sheets, manuals, and bulletins on use, application and installation on all consumer products or services including limits, alerts and restrictions. They should provide assistance by sales services and consumer relation personnel on the notification of all purchasers as to who will provide services support, advice,  guidance costs and  needed counseling, were and how to  abstain help, hours available and special  information on providing application.  The necessary background information  should be supplied to the requesting consumer.
2. The  rights to safety:  The consumer has the right to   expect that his health and safety  be taken into account when industry or business develops any  service or  product preparing instructions for and limitations on its use and designing  or proposing the potential environment.  The consumers should expect  business anticipation of danger against them.  To provide protection from injury misuse and parameters of its limitations business should assume a responsibility for those failure, injury or  damage  when attributing  directly to its areas of inherent responsibility.
3. The right to choose:  The consumer has the right to expect business to provide a broad enough spectrum of opportunity that he can obtain for a satisfactory package opportunity spectrum should provide choice, which meet his individual  needs.   They demand that the opportunity  spectrum should  provide  choice, which will  be satisfactory to all their wants.   The  responsibility for  Judging  what he can do an d his  true  limits is primarily the individuals.  He may need  assistance guidance and advice.  He  may be mentally incompetent.
4. The right  to be heard:  The consumer  has the right  to expect business provision of a rapid convenient means for his registering his dissatisfaction.  Assuring that his complaints are heard by competent, responsible management and evaluated objectively, resolving his reasonable, realistic demands, quickly and satisfactorily.  Business unresponsive to consumers grievances, impersonal altitude in selling should be avoided.  There  should  be assurance that consumers  interests would be considered.

Despite  the  above rights of consumers, the consumers ae constantly abused and permanently remained unresponsive to various forms of trade malpractice discharge concept.  Nigerians consumers  rights have been ignored.  Professor Uche said that the poor consumers are treated like an orphan before his birth”.  The forces are ignorance,  probably the fee economy.

1.2     STATEMENT OF THE PROBLEM

In spite of the CPC intervention in the protection of consumer right, there  are still rumblings of dissatisfaction  among consumers.  There are reflected in the incessant exposition by journalist of unethical business  practices, business  insensitivity to the aspiration of the consumer in one of our Daily’s (The punch).  It was resorted that a woman bought a packet  of omo only to get home and discover  that it was half   of saw-dust and sand-what an ill in the society.

Many sellers and producers in their craze for quick money  indulge in selling substandard and expired products to the consumers, selling  of adulterated or fake or dangerous products by these unscrupulous business men and women is now the order of the  day.  It has therefore increased the rate of f food poisoning in our society.  You can hardly go to Aba and buy anything that is of quality; all you get is fake and adulterated product.  The Onitsha head bridge market has been raised by  law enforcement agent, a number of times  to stop those who use all kinds of substances in the name of drug productions.  The list is endless and virtually all the products we have in the market  could be involved is subject to adulteration.

Drawing from above examples, one can pose  a question which hinges  on whether infact the Nigerian Consumer need protection by way of more government legislation? Is the consumer aware of the existing consumer protection laws, agencies and rights of consumer and to what  extent has he  re-coursed to them when ripped off  in the market place? Is the CPC really working enough or designing programmes that will aid consumers? What other  steps have the council taken to ensure the consumers complain are solved?

1.3     OBJECTIVES OF THE STUDY

–                     To examine the subject matter of consumer protection with a new to ascertaining the extent of consumer protection in Nigeria.

–                     To unravel the various  laws backing  up consumers in Nigeria

–                     To examine the role of the consumer protection council in protecting of  consumer rights.

–                     To  unravel the rights of consumers in the society.

–                     To draw out critically  on how the right of consumers has been abused in  Nigeria.

–                     To bring out the guideline for  handling product liability problems in the  field.

–                     To make necessary recommendations on how the adulteration of products can be cubed.