CRITICAL ANALYSIS OF CONSUMER PROTECTION LAWS AND ITS APPLICABILITY IN MODERN TIMES (A case study on Food, Drinks, Drugs, Banking and Telecommunication Sectors).

By: Khalid Badru


Ajala, a grade four worker in the Ministry of Works had a slight headache and back pain. He decided to patronize a local chemist near-by. Unsuspectingly, he was given expired drugs. While drinking the yoghurt he got from the chemist he noticed some sediments after spitting it out from his mouth he discovered they were particles of flies and cockroaches. Few moments later he developed a severe stomach ache, he attempted to rush to the hospital himself, however he collapsed on his way. A good Samaritan helped Ajala to the hospital. While trying to reach his family it was discovered that his airtime was deducted for hidden charges and a caller tunes he did not subscribe to. The hospital also required Ajala to make a deposit of N100,000 (One Hundred Thousand Naira) for diagnosis, unfortunately his Debit card was rejected as both the POS and ATM displayed issuer not available. How can Mr. Ajala get compensated for the failures of these manufacturer/service providers? Will the legal regime in these sectors avail him?


Over time the prevalence of defective products and low-quality service has plagued the country. Consumers are often times at the mercy of manufacturers and service providers as they often claim no liability as regards default. The legal regime in terms of sanctions have little or no effect in bringing them to book. Due to this, consumers are always put in deplorable situations when these Goods or services fail them.

Moreover, the agency checking the excesses of these sectors are often lackadaisical in exercising oversight in the lapses of these companies.

In this regard, this article will examine some of the regulatory frameworks and agencies controlling the activities of the sectors for this discourse. Their functionality as regards their duties will also be commented on and ways forward will be suggested via recommendations.

Keywords: Consumers, Agencies, Protection, Production, Services, Regulations.


A consumer is an individual who purchases goods and services for personal use without the intention to resale or manufacture.

In fact, they are regarded as the end users of a goods in the chain of distribution.

Statutorily, Section 167(1) Federal Competition and Consumer Protection Act 2018 (FCCPA)[2], describes a consumer to include any person:

  1. Who purchases or offers to purchase goods other than for the purpose of resale, but does not include a person who purchases any goods for the purpose of using them in the production or manufacture of goods or articles for sale or;
  2. To whom a service is rendered.


This is the protection or promotion of the interests of consumers. Consumerism highlights the goal of consumer protection which is to prevent harm or injury to the consumer and the provision of redress for an individual purchaser, user, or disposer of any product or service. The United Nations also recognizes the issue of consumerism here by identifying five basic rights of a consumer via;

“Part iii, Article 5, United Nations Guidelines for Consumer Protection[3] (UNGCP).”  The Rights include:

  • Rights to satisfaction of basic needs
  • Right to information
  • Right to safety
  • Right to choose
  • Right to healthy and sustainable environment.

Hence, the protection of consumer’s Right is a global issue.

The various consumer law will be discussed in following paragraphs:


Manufacturers in this sector are obligated by law to produce under the strictest scrutiny in other to avoid injury or harm to their consumers. Hence a duty of care is presumed on producers during the processing of their products.

In Nigerian Ports Plc v. B.P.P.T.E LTD[4] the Court defined duty of care as follows;

“Duty of care is described as involving a person’s giving attention both to dangers, mistakes and pitfalls and to ways of minimizing those risks”.

This has also necessitated some agencies to ensure that these company’s productive activities are regulated legally. These laws include:

  • Federal Competition and Consumer Protection Commission (FCCPC).
  • Standard Organization of Nigeria (SON)
  • Sales Of Goods Act (SGA) 1893


  • Federal Competition and Consumer Protection Commission (FCCPC).

The FCCPC is foremost for the protection of consumers’ right. They have a legal frame work which protects consumers in virtually every sector. In the light of this, they are empowered to take drastic actions on suspicion of exploitation or failure to meet requisite standard on the part of the manufacturer.

Consumerism is the utmost aim of this Act.

This is reflected in Section 17(i), where it is provided that;

“the commission shall protect and promote consumer interest”.  


Also, a mode of resolving of complaint is addressed by an injured consumer. This is meant to serve as a shield to the consumer in the face of an overwhelming manufacturer. Thus Section 17(s) provides that the Act will


 “Ensure that consumers’ interest receive due consideration at appropriate fora and provide redresses to obnoxious practices or unscrupulous exploitation of consumers by companies, firms, trade, association or individuals”.



  1. Standard Organization of Nigeria Act[5] (SON) 2004

This organization specifically sets standards on which a manufacturer should attain before engaging in a production process. The benchmark set by this act is to ensure that a manufacturer produce under certain standard of care to ensure the safety and strict scrutiny measures.

Thus Section 4(1){b} of the Act, states that:

 “The council will establish and approve standards in respects of materials, metrology, structures, commodities and process for certification of product in commerce and industry throughout Nigeria”.

This legislation establishes two agencies; Standard Organization Council and Standard Organization of Nigeria. These agencies compliment each other as regards functions.

Moreover, the agency also scrutinizes the pre-production process of manufactures. This is to ensure that they meet certain benchmark before actual production can take place. Section 5(1){b} states that:

“The organization shall undertake investigations into the quality of facilities, materials and products in Nigeria, and establish a quality assurance system including certification of factories, products and laboratories”.

 Also, the Act employs strict measures against the production of unwholesome food and drinks as Section 17(1) empower the Director General:


  1. to destroy or prohibits from selling hazardous product,
  2. seal up the premises it is being manufactured
  3. order a manufacturer to rectify a deficiency in case of low products.

The Sales of Goods Act 1893[6] via Section (12-15) sets out warranties and condition[7] which a buyer may hinge on in case of default arising from a manufacturer.

Despite these regulations[8], it is observed that producers and wholesalers still display fake, substandard, and shoddy consumer products in market overt. This is due to the nature of the society we live in, as companies in their quest of avariciousness perpetrate these evils at the detriment of the health of the consumers. Furthermore, organization in charge of ensuring compliance with these are often reluctant in exercising their oversight and investigation as regards complaints. There are also rumors of corruption among officials of these agencies whereby a company that flout the provision of any of this act is exculpated by a shoddy settlement[9]. This opinion will be succinctly summed up in the words of;

Aniagolu J.S.C in the case of Constance Ngonadi v Nigerian Bottling Co.Ltd[10],where he opined as thus:

“Nothing appears to be elementary in this country where it is often the unhappy lot of consumers to be inflicted with shoddy and unmerchantable goods by some pretentious manufacturers, entrepreneur, shady middlemen and unprincipled retailers whose avowed interests seem only and always to be maximize their profits leaving honesty a discounted and shattered commodity”

The Courts also seem reluctant in finding faults on the part of the manufacturers as they are often hold exercise of required standard of care in favour of manufacturers of unwholesome food and drinks despite evidence of the contrary by the injured consumer. In Boardman v. Guiness (Nig)LTD[11], the Court held that;

“Owing to the fact that the defendant has given evidence of the manufacturing process which was under strictest scientific brewing and quality control process, such that the presence of deleterious substance could be easily ruled out. The defendant could not have been guilty of negligence regardless of the laboratory results revealing that the beer contains bacteria.

 This decision is against the principle in Donoghue v. Steveson[12]  Hence, the principle no longer hold ground in Nigeria and obviates the place of Res Ipsa Loquitur[13] in unwholesome food and drinks in the country’s jurisprudence. Due to these reasons, it can be concluded that the applicability of consumer’s law in the sector of food and drinks may be seem illusionary.



Drugs are important in the health sector of an economy, as it aids recovery of convalescents. Hence, the manufacturing industry of drugs is an integral part of the society. It is also vulnerable because any error or omission in its production can cost the life of people or may have lethal effects to an individual’s wellbeing. Owing to this fact the effect of counterfeiters, distributors of adulterated and substandard drugs undermine the intended purpose of the use of drugs.

Nigeria will be case study of the effect of consumption of counterfeit or adulterated drugs. Right from late 90’s to 2000 Nigeria is plagued with the influx counterfeit and adulterated drug, unlicensed vendors and illegal hospitals. It was as result of this that led to the establishment of National Agency for Food and Drug Administration and Control[14] in 1993. Another event worthy of note is that of November 2008. 34 children within the age bracket (4 months to 3 years) died and more than 50 were hospitalized with severe kidney damage after taking the drug “My Pikin” a teething mixture containing Paracetamol. With these events the government found it expedient to take stringent measures to protect consumers in this sector hereby promulgating various law to criminalize the sale of fake drugs. Also, the Pharmaceutical Society of Nigeria has played a vital role in this regard as they spearheaded the movement to promulgate the Counterfeit and Fake Drug (miscellaneous provisions) Act[15] 2004. This decree prohibits the sale and distribution of counterfeit, adulterated, banned and fake drugs or poison in open markets without a license of registration.

The aspect in which these regulations protect and consumer’s interest will be examined. They include:

  • National Agency for Food and Drug Administration and Control (NAFDAC)
  • Counterfeit And Fake and Unwholesome Processed Food (Miscellaneous Provision) Act


  1. National Agency for Food and Drug Administration and Control

The establishment of NAFDAC as said earlier is to combat the emergence of fake and expired drugs. This agency through its Act has considerable provision against the sale and distribution of expired drugs.

The NAFDAC Act in Section 5(1){a}, states that;


“the agency shall regulate and control the distribution, advertisement, importation, manufacture and sale of food, drug etc.”


It has also set regulations to serve as an ancillary of the agency to specifically tackle areas which counterfeiters see as loopholes to engage in their activities one of it, is Advertisement. Thus, the Drug Products Advertisement Legislation was enacted.

Section 3 of the Regulation, states that the

“Advertisement of any drug product shall be accurate, complete, clear and designed to promote credibility and trust by the general public and health care practitioners”.

This is to ensure that the manufacturers don’t sway the populace to buy their product by statement of unfounded truth. It is in this light that Section 13{b} provides that

“That no advertisement of any drug product shall contain half-truths, inadequate qualification and limitations regarding safety or effectiveness of the drug”.


  1. Counterfeit And Fake Drugs and Unwholesome Processed Food (Miscellaneous Provision) Act

This is also another Act to prohibit the sale and distribution of counterfeit drugs and unwholesome food. This act was advocated for by the pharmaceutical society of Nigeria. It has done well in meting out punishment to individuals who indulge in the sale of fake drugs. In section 3(1){a}, it is stated that;


Any person who commits an offence under section 1 of this Act, is liable on conviction to a fine not exceeding N500,000 or imprisonment for a term of not less than five years or more than fifteen years or to both such fine and imprisonment”.


Other statutes have also been put in place to criminalize the dealing in fake drugs. For example, Section 1(18){b}[ii] Miscellaneous Offences Act[16] makes it an offence punishable by the jail term of 14 years to sell an adulterated drug.

In the case of Abiodun v. FRN[17] , the Court enforced the provision of this Act;

The Supreme Court affirmed the decision of the trial and lower court in the conviction of the appellant and co accused for selling dangerous drugs called My Pikin Baby Teething Mixture to Roca Pharmacy for distribution knowing fully well that the quality of the drugs did not represent what they claim it to be.

The court should be lauded with this decision as it will serve as a deterrence to the member of the public and those who intend to indulge the act. However, there are still loopholes in making effective the regulations in this sector to protect consumers. This due to the fact that agencies saddled with the responsibilities of supervising industries in this sector are poorly funded and starved with equipment[18] to nab the perpetrators of this act.


Banks is a crucial sector in any economy. It is conventionally described as the business of lending & borrowing money based on interest.

In Patil v. FRN[19]  the court described it as thus:

“a financial establishment for the deposit, loan, exchange or issue of money and for transmission of funds”.

This sector obviously is one of the industries that determine the financial strength of an economy. The frontiers of banking operation have expanded in recent times in fact it can be observed that this sector is infiltrating digital technology with the features of their services rendered. Thus, the need of consumer-oriented laws is necessary to this end. The regulation may span through Data Protection, Enhanced Customer Banker Relationship, Contractual Agreement, Advertisement etc. This will ensure fair operation of the bank due to the fact that consumer that may access this product are likely to be susceptible to unfair treatment by the bank.

Another area that should be taken note of in this aspect is that of customer-banker relationship.

In the case of G.T.B V Ekemezie[20], The court describes a customer of the bank as;

 “One who has an account with the bank, or without having an account the relationship of the banker and customer exists”.

In the latter case, some money transaction must connect banker and customer, but must arise from the nature of a contract. Hence it is established that one may not necessarily have an account in a bank before being regarded as a customer of a bank. The customer-Banker relationship is important as it gives rise to right and obligations[21] and the relationship between bank and customer which may be transactional or contractual in nature[22].For the protection of the consumer, the nature of this relationship must be regulated.

There are two major Regulators in this sector;

  • The Central Bank of Nigeria (CBN)
  • The Chattered Institute of Bankers of Nigeria (CIBN).
  • Nigeria Deposit Insurance Corporation (NDIC)


  1. The Central Bank of Nigeria[23] (CBN)

This is one of the prominent regulators of this industry. They issue directive to Banks on their operation. One of it, is on the aspect of consumer protection. For example, in 2011 the CBN, issued a circular which mandated all deposit-taking banks (Deposit Money Banks DMB) to expand the existing “Automated Teller Machine (ATM) help desk” in those banks to handle all categories of customer complaints. Also, the Bank prescribes minimum paid-up share capital for firms in the business of banking to maintain their license. For example, a Share Capital to be maintained by a bank at the national level to keep its license is to the sum of N25,000,000,000 (Twenty-Five Billion Naira). This is to ensure that the banking industry is operated by financially competent firms.  The CBN regulates banks via the CBN ACT[24] 2007. The CBN by the power vested in them by the provision of this Act established the Consumer Protection Department[25] (CPD) accompanied with a subsidiary legislation, Consumer Protection Regulations (CPR). The department was established with the mandate to protect and educate consumers of financial services in order to establish responsible business practices and market conduct in the best interest of consumers. It is also to serve as an avenue for redress when consumers have problems with their financial service providers who are regulated by CBN and to create effective awareness through increased financial literacy amongst consumers. The department equally highlights some Rights the consumer is entitled to:

  • The Right to privacy and confidentiality,
  • The Right to equality
  • The Right to good service
  • The Right to redress etc.

 The regulation also to protect the interest of the consumer. For instance, in the aspect of contractual terms Part Two, Section 3.3, CPR provides that

Contracts between Institutions and consumers shall not contain unfair terms. Contract terms shall be considered unfair where there is an imbalance in rights and obligations which are detrimental to the consumer.”

As regards advertisements, Part Three, Section 4.2.2, CPR, provides that the

“overall impression of advertisements shall not emphasize benefits of a product or service while de-emphasizing its associated risks”.

2. The Chattered Institute of Bankers of Nigeria[26] (CIBN).

This is the agency which controls entry into the banking profession, set standards for bankers to comply with and maintain professional ethics through sanctions of erring members and also see to the issue of consumer protection hereby setting standards for banks on how they relate with their customers. This reflects in the Code of Conduct in the Nigerian Banking Industry (Professional Code of Ethics and Business Conduct)[27] was introduced in 2014. In Section 3.1{d} of the Code, it is stated that:

“Banks shall Assist customers to understand the operations, rules, guidelines and regulations as well as products and services and known risks relating to banking operations and services”..

3. Nigeria Deposit Insurance Corporation (NDIC)

This is another major regulator in the Banking was established as a response to the unnecessary winding up of banks in the late 90’s which as a result put a customer’s deposit in jeopardy. The major objective of this agency is to protect depositor’s fund, maintain stability and restore public confidence in the banking sector. In essence a consumer’s deposit is protected regardless of a bank’s failure. The provision of Section 2(1)[b] of the NDIC Act[28] gives a credence to the above statement. It provides that;

The corporation shall give assistance to insured institutions in the interest of depositors, in the case of imminent or actual financial difficulties particularly where suspension of payments is threatened to avoid damage to public confidence in the Banking system.”

It is pertinent to note other aspect of regulations controlling the activities of this industry. These include, Bank and Other Financial Institution Act[29] 2020, This Act is an ancillary regulation for the exercise of the duty of the Central Bank in the aspect of licensing and maintaining certain standards. For instance, Section 12 BOFIA gives instances where a bank’s license maybe revoked as a result of not meeting up to certain standard of practice. Another agency worthy of note is the Asset Management Corporation of Nigeria[30]. This corporation was established as a result of the menace of bad debt threatening the functionality of commercial banks. The major function of this agency is to set-off non-performing loans vide an arrangement with the Ministry of Finance and Central Bank of Nigeria. This is in a way boost the efficiency of banks in serving customers especially in the aspect of facilitation of loans. The Financial Reporting Council is also a crucial standard in the regulation of banks. This parastatal ensures good practices on issues relating to financial reporting and corporate governance. It will be observed that every bank during their financial reporting program have an FRC Number, this is to denote that a bank as complied with their reporting requirement as specified in a certain code of corporate governance.

There are a number of regulations guiding this sector, however from the reality of their operation in the country, it will suffice this writer to say that the avenue in which they being deployed as per functionality is not really tackling the lacuna in consumerism in this sector is not exuberant. In fact, Banks still indulge in practices that is detrimental to their customers like deduction of hidden charges[31], failure from the banks service providers, in fact, they advertise their product in such a way that takes the place of risks and other factors involved.



The telecommunication sector is a strategic industry, this is due to the amount information it handles. With over 190 million active subscribers[32], the industry contributes over 17 per cent to the country’s (Nigeria) Gross Domestic Product[33] (GDP). The industry is also controlled by a small number of firms, an oligopolistic market structure per se. Thus, the need for consumer protection in this sector is important because of the consumers vulnerability in the hand of communication firms. In fact, it has been reported that consumers are subjected to disparaging exploitation by GSM operators.

Some agencies regulating will be highlighted below;

  • The Nigerian Communications Commission (NCC)
  • Utilities Charges Commission (UCC)
  • Wireless Telegraphy Act


  1. The Nigerian Communications Act 2003[34]

This is the major regulator in this sector. It recognizes a commission, Nigerian Communications Commission which was established by a military Decree in November 1992. This commission is saddled with the responsibility of regulating the supply of telecommunications services and facilities, promoting competition, and setting performance standards for telephone services in Nigeria. Some of the standards set reflect in Section 4(1) which provides that:

“Consumers interest will be protected against unfair practices in matters relating to but not limited to tariffs and charges, availability and quality of communication services etc.”

Section 105 also provides that the NCC can use its powers to resolve consumer complaints, especially in relation to customer service and protection and Quality of Service (QoS) through its approved procedures or guidelines. The Nigerian Communications Commission Quality of Service Regulations[35] 2012      (NCCQSR), is a subsidiary legislation of the NCC. It is in a bid that customer’s interest should be protected that this specific regulation is put in place. By virtue of Section 2(a) of the Regulation, one of its functions is to

“Ensure the protection and promotion of the interests of consumers against unfair practices including matters relating to tariffs and charges, the availability and quality of communications services, equipment and facilities”.

2. Utilities Charges Commission (UCC) Act[36] 2004.

The Commission is saddled with the responsibility of charges and a duty to evaluate the trends in the tariffs charged by any of the public utilities and provide information with which the Federal Government can determine permissible increase in tariffs. By the provision of Section 6, Second Schedule{d}, it is provided that;

the Commission will keep charges and tariffs under constant surveillance and propose measures;

 It is good law establishing this commission; however, it is not certain if the agency is actually functioning.

3. Wireless Telegraphy Act[37]

This is a subsidiary Act of the Nigerian Communication Commission. It essentially regulates the licensing, location and operation of wireless telegraphy services in Nigeria. It is also a major regulation in the use of internet services and communication. In the aspect of licensing Section 4(1) of the Act states that:

“No person shall establish or use any station for wireless telegraphy or use any apparatus for wireless telegraphy except under and in accordance with a license in that behalf”

The legal regime in the telecommunication sector is in abundance. On the contrary, it can be observed that the impact of their functionality is not felt by the populace. A number of complaints are being relayed to these agencies regulating the industry, however no action is often taken in that regard. In fact, in 2019 over 19000 subscribers complained of poor network delivery, hidden charges and unsolicited messages by service providers[38]. The behavior of the Court to the status quo is of a double-edged sword. The courts are reluctant in some cases to be on the side of the consumer notwithstanding the fact that these company have failed in their obligation and on the other hand the consumers are favoured. Thus, in the case of Adegboruwa v. Nigerian Communications Commission[39], where the sued the respondents for poor service delivery and arbitrary hike in tariff plan by telecommunication operators in Nigeria; the Courts seem rather complacent to reach judgment in favour of teeming Nigerian consumers who have been subjected to disparaging exploitation by GSM operators since 2002 that the matter was instituted in court. This is in contrast with the decision in Emmanuel Anenih v MTN[40]where court ordered the respondent to pay a compensation of 5.5 million (Five million, five hundred thousand) Naira to the complainant over the unlawful deduction of 50 Naira Airtime.

The applicability of the Laws in this sector seems far-fetched. This is due to the fact that their provisions are not implemented and it is not totally the network provider’s fault in their shortcomings. It may as a result of the economic reality (epileptic power supply, vandalization etc.)

Factors Affecting the Efficiency of Consumer Protection Laws.
 With the enactment of Laws and Regulations in these sectors, the interest and rights of consumers are still being jeopardized. The reasons are not far-fetched, one may be as a result of the lack of implementation policies to enforce sanctions on erring manufacturers/service providers. Lack of enforcement also make these laws redundant, hence does not deter firms indulging in defaults. Suggestions will be made below to change the status quo;

  1. Enforcement; A large number of laws in exist without measures for implementation. This serves as an impetus to individuals indulging in the act as result of these laws existing in the vacuum.  The only way the purpose intended for these laws to be effective is via a strict action plan.
  2. Duplicity of Function; A number of these agencies create another subordinating via their enabling statute. Most of the main body function is often replicated which makes these laws conflict. Also, it renders it ineffective, thus the enactment of few laws and regulations which is directed for consumer interest and protection should be of preference.
  3. Illiteracy: in the clime of Nigeria, a number of her citizens are illiterates and the literate ones, a substantial part of them is not informed about these agencies’ functionality. Hence the need to educate people as to their rights. These agencies should always come out to inform the public of their existence. This can be done by road walk campaigns or publicity on radio, TV, social media etc.
  4. Corruption: corrupt practices permeate a large aspect of the Nigerian sector. The result of this act has dire consequences not only on consumers, but the economy at large. A nation call on patriotism should be endeared to curb this menace.
  5. Sanction: the penalties often meted out to offenders have mild effect. This because most of them have become obsolete in the light of prevailing economic realities. For example, Section 19 (2) Son Act, which provides that anybody that knowingly makes a false statement about a material will be liable to conviction or fine of N200. The sanctions should be improved in such a that it will have a substantial effect on the offenders.

These factors and others not mentioned should be put into consideration with ways the mitigate them in order to foster consumerism


It is pertinent to know that the concept of consumerism hinges on the rights of consumers. However, it attracts little or no attention among the populace and legal space.

Also, with the cases stated above, it is obvious that manufacturers do not really adhere with the standard care provided by various regulators.

 The following are some recommendations improve consumers’ rights activism;

  1. Regulatory agencies should endeavour to educate and publicize the populace on their rights. This will enable the consumer to know the right channels to vent their grievances when a manufacturer has defaulted.
  2. These agencies should also be accessible. It is suggested that the presence of these bodies various communities (rural and urban) will be an incentive for consumers to report an issue of default.
  3. A time frame should also be initiated to investigate and resolve the issue of a consumer’s complaint. Hence it will be suggested that a dispute resolution committee should be charge solely with this duty.
  4. Task force should also be created to act as police in scrutinizing the operation of manufacturers. They may operate in the form of paying unexpected visits to production factories.
  5. A special court should also be created for the adjudication of grievances of consumers in these sectors. This will give the judge an insight as to the subject matter of a complaint owing to the fact that it is specialist court. With this, justice will be properly dispensed.


Various regulatory agencies have been examined. Their efficacy as regards implementation as also been commented on which is obvious that the ways they are been deployed are not effective to fulfil their intended purpose of establishment. It is to this end that proper attention should be given to measures for action plan.

The consumers are very important in any nation. As they make the economy and the producers and service providers. Consumers’ satisfaction should always be the ultimate aim of these companies, in fact, the government should follow in the suit in the trend of SATISFACTORY QUALITY OF PRODUCTS and SERVICES being advocated in advanced countries Hence, a proper attention should be given to them not only in the aspect of promulgations of laws and regulations but enforcement. It is likely that the likes of Ajala won’t get compensated because the legal regime is redundant.


[1] A hypothetical scenario to depict the effect of consumption of substandard goods and low-quality services. The personality used therein is to emphasize that the poor or average individuals bears the consequences more.


[2] This Act was formerly Consumer Protection Council Act 2004 Cap C25 LFN 2004. However, the FCCPA repealed it in 2018, which was assented to by the sitting president Muhammadu Buhari.

[3] It was issued by the United Nations in 1985 as Guidelines on Consumer Protection (the Guidelines). However, it was revised in 2015 and now known as the United Nations Guidelines on Consumer Protection 2016.

[4]Nigerian Ports Plc v. B.P.P.T.E LTD [2012]18NWLR (pt.1333) 454@468 Ratio 17

[5] Cap S9 LFN 2004

[6] 56 & 57 Vict. C71

[7] The clauses are for determining the effect of breaching a contract. In a breach of warranty, the affected party can sue for damages, while that of a condition will occur to treat the contract as repudiated.

[8] NAFDAC is also a very important regulator in this sector, however due to the similarities of function with SON, it will be given due consideration in the next sector of discussion. For further readings, Current Good Manufacturing Practice for Food and Food Products Regulations may be consulted.

[9] Often bribe, usually in cash.

[10] Constance Ngonadi v Nigerian Bottling Co.Ltd[1985]1 NWLR (pt.4)739

[11]Boardman v. Guiness (Nig)LTD (1980) NCLR 109 , also see Ebelemu v. Guinness (Nig.) Ltd. FCA/1/101/82 (1993)

[12] Donoghue v Stevenson [1932] A.C 562, here the Court help in favour of the plaintiff. The felt saw a snail sediment in her ginger beer and took ill after the event.

[13] A situation whereby the plaintiff pleads he has no knowledge about an accident but can be linked to a defendant’s negligence because the material that caused the accident is under is control. See, Oando v Adijere [2013] 15 NWLR (pt. 1377) 374.

[14] Cap. N1 LFN 2004

[15] Cap C.34 LFN 2004. The Act came in place to tackle the menace of the influx of fake drugs in the early 90’s. It is a subsidiary of NAFDAC

[16] Cap. C34 LFN, 2004

[17] Abiodun v. FRN [2018] 11 NWLR (pt. 1629) 86@91 Ratio 1

[18] A forensic laboratory which is the major public laboratory for the purpose of quality control analysis is not adequately equipped to cope with the volume of request particularly for analysis of imported drugs. This make counterfeiters take advantage of the loose system.

[19] Patil v FRN (2016) 8 NWLR (PT.1515) pg483@pg 492 Ratio 13

[20] G.T.B V Ekemezie [2016] 2 NWLR (pt. 1497) pg579@pg582 Ratio 2

[21] see UBA Plc v. Wasiu [2017]4 NWLR (pt.1555) pg318@pg320 Ratio 1

[22] Dike v. Kay-Kay Constr.Ltd [2017] 14 NWLR (pt.1584)1

[23]  This is the apex bank and monetary financial authority in Nigeria. It regulates the operation of every financial industry in Nigeria.

[24] Act No.7 2007. This Act repealed the CBN Act of 1991 and all its amendments.

[25] The department was created in April, 2012 by the CBN to develop and implement an effective consumer protection frame work that would promote consumer confidence in the financial system.

[26] The organization was established in 1963. This institute is authorized to control entry into the banking profession and set standards for bankers to maintain professional ethics through sanctions of erring members.

[27]The code of conduct was introduced in 2014 as the CIBN blames unethical conducts on dearth of banking practices knowledge. In the word of the then chairman, Samuel Kolawole, “the code of ethics and professionalism in the banking and finance industry has been administered for quite sometimes has exposed the shallowness of the knowledge of banking practice by sonic operators”.

[28] Act No.16 2006

[29] Act No.5 2020

[30] It was established on the 19th July 2010 with an enabling Act (AMCON ACT)

[31] In a vanguard report, it was stated that banks had to refund over 2 billion Naira to customers for service failure. Babajide Komolafe, ‘Banks Refund N2.7bn to Customers Complaint Rise 34%’ The Vanguard ( Lagos, January 25 2021) <> (accessed 11 April 2022)

[32] Temitayo Jaiyeola, ‘Deactivated subscribers storm telecom outlets, queues mount’ The Punch (Lagos April 6, 2022) 19

[33] Adeyemi Adepetun, ‘Telecoms sector strategic vision plan for new growth’ The Guardian (Lagos 24 September 2021) <> (accessed 11 April 2022)

[34] Cap. N9, LFN 2004

[35] This is a subsidiary legislation of the NCC. It was established in 2012 to prescribe minimum quality of service standards in service for the telecommunications industry.

[36] Cap. U17 LFN 2004

[37] Wireless Telegraphy Act of 1990

[38] Abiola Odutola, ‘poor service: 19,977, subscribers lodge complaint against Telcos’ Nairametrics (November 13, 2019) <’ date accessed April 11, 2022.

[39] Adegboruwa v Nigerian Communication Commission (Federal High court 2015). Source: The Guardian Newspaper, August 9 Sunday 2015 pg. 20 and 21

[40] Emmanuel Anenih v MTN (Federal High Court, FCT, 2022).source

Leave a Reply

Your email address will not be published.

Share This

Copy Link to Clipboard