Features
Achieving Consumer Rights Protection In Nigeria
On March 15 every year, global attention is drawn to the issues of consumers’ rights and responsibilities. Known as World Consumers Day, it provides an opportunity for consumer rights advocates to raise awareness and demand that the rights of all consumers are respected and protected and also protest against market abuses and social injustices which undermine these rights.
The celebration which dates back to 1962, was inspired by US President John Kennedy, who on the 15th of March that year, sent a special message to the US Congress in which he formally addressed the issue of consumers rights thereby becoming the first world leader to do so. The consumer movement first marked that date in 1983 and now uses the day every year to mobilise action on important issues and campaigns.
In Nigeria, some of the rights of a consumer according to the Federal Competition and Consumer Protection Act, 2019 include: Right to be given information in plain and understandable language; right of disclosure of prices of goods and services; right to adequate trade description and to have products labeled; right to disclosure of second-hand or reconditioned goods; right to be given adequate information of every transaction; right not to be given a condition before making a purchase; right to cancel advance reservation, booking or order; right to reject goods before completing the transaction; right to goods corresponding with samples and descriptions; right to reject goods; right against unfair prices and terms; right to quality service; right to safe and quality goods and others.
The law also provides that a consumer whose rights have been breached can file a complaint with the apex consumer protection body, the Federal Competition and Consumer Protection Commission (FCCPC). The consumer also has the option of seeking redress in a court of competent jurisdiction.
The FCCPC, on the other hand, has the power to investigate and resolve complaints, carry out surveillance and enforcement, consumer education, as well as research and strategy.
Other regulatory agencies like the Standard Organisation of Nigeria (SON), the Nigeria Electricity Regulation Commission (NERC), the Nigerian Communications Commission (NCC), the National Agency for Food and Drug Administration and Control (NAFDAC) are all involved in the duty of safeguarding buyers of products and services and the public against unfair practices in the marketplace.
The big questions are, how many consumers are aware of the existence of these rights and how they can leverage on them to address their numerous plights? Is the FCCPC and other sister agencies living up to expectation in their mandate of ensuring the wellbeing of the people especially in view of the numerous issues that consumers in the country have to grapple with constantly. From poor service by telecommunication providers to poor electricity supply and distribution; fake and adulterated products both edible and otherwise; low quality goods and others, the list of their travails is endless. A couple of days ago, a warehouse loaded with expired products worth billions of Naira was discovered in Kano by the Consumer Protection Taskforce in the state. But for the rare, exemplary character of two policemen attached to the taskforce who rejected a N1million bride offered them by the suspect to circumvent the law, these products would have found their way into the markets and various homes, causing havoc in consumers lives.
The Acting Zonal Coordinator of FCCPC, South-South, Mr. Johnson Uche Osi, told The Tide that the Commission is very up and doing though there is still room for improvement. He said despite some challenges faced by the body, it carries out its mandate of sensitizing and educating of the public through various ways like workshops, streets and markets sensitization, including the use of electronic and print media, adding that his office also carries out surveillance and enforcement during which low quality and fake products are ceased in the states within his jurisdiction.
Mr. Osi noted that considering the enormous responsibilities of the commission, other tiers of government, companies and influential persons should aid the federal government in funding some of their programmes. “State and local governments, well-to-do individuals, private companies, organisations like the Niger Delta Development Commission (NDDC) should come to our aid and fund some of our programmes, sponsor seminars and workshops.
“We are not saying you should give us cash. Just meet us, we will tell you what to do for us. Here, a community may be like Mile One area, we will advertise that people should come that we want to teach them their rights and responsibilities. They will come. We will come and talk and teach them”, he said.
The Zonal Coordinator advised consumers to be environment friendly, ethical and careful when making purchases; ask questions and always insist on their rights and come to the FCCPC whenever their rights are trampled upon and be sure that the matter will be properly handled, assuring that with the recent inauguration of the governing board of FCCPC and the Competition and Consumer Protection Commission Tribunal, the Commission will be more up and doing and consumer-related cases will henceforth be speedily handled.
On his part, the Chief Executive Director of Consumer Satisfaction and Safety Initiative, one of the foremost consumer rights Non-Governmental Organizations (NGOs) in the country, Pastor Ruskin Amadi, said consumers in Nigeria do not enjoy all the rights therein because many are very docile. “Yes, some consumers may not be aware of these rights but even those that know them are docile to react. We take a lot of things for granted. You buy something like an electronic device for instance, you come back home, put it on and it does not work, you begin to make excuses – maybe na the high current, may be na this or that. Even when it is stated that a product has some years of warranty, it will spoil within the period and we don’t ask questions. No! You have the right to take that property back to where you bought it and demand they change it,” he posited.
He lamented that consumers who may even want to push for their rights are sometimes discouraged by the difficulty in getting justice in the country. He, therefore, requested that a special court be set aside to handle consumer related issues to hasten the legal process. This, he said, will enhance people’s confidence in the system and encourage them to always seek for their rights.
Amadi solicited the government to take the plight of consumers seriously just like President Kennedy did, insisting that such an attitude will keep producers on their toes and embolden customers to seek for their rights. He emphasised that a leader’s oath to protect the citizenry is not limited to protection from Boko Haram insurgents, militants, bandits and armed robbers but should be extended to protection from sharp practices of producers and service producers and greedy businessmen who deal on fake, expired and adulterated products as more people are dying from these sharp practices than insecurity.
He appealed that NGOs like his that are involved in championing the course of consumers, educating, informing them of their rights, should be supported by government, organizations and individuals so they can do more.
Similarly, a Port Harcourt-based lawyer, Gift Ebulu, frowned at the lack of dedication and commitment of some staff of the regulatory agencies to their jobs. According to him some of them just sit at the comfort of their offices and wait for people to bring complaints instead of going out to monitor what goes on in the companies and larger society. He maintained that if the agencies live up to expectations based on their powers under the law, there will be a reduction of the prevalence of cases of consumption of contaminated, expired or banned products.
“A lot of sachet and table water producers are committing a lot of crime both to the state and the general public because some of their products are hazardous to health; people mix whatever they like, pour into bottles and label them with NAFDAC approved labels they buy from wherever and innocent consumers keep buying death without knowing it. Yet the agencies are aware but do little or nothing about them. Sometimes they seal their premises but the producers of these killer goods pay their way through and before you know it, the seal is off and nobody went to jail”, he lamented.
He insisted that the agencies should carry out their duties of monitoring and punishing offenders so as to safe consumers from heartless business men who will do anything to line their pockets.
The legal practitioner however regretted the sluggish nature of our judicial system which discourages consumers from approaching the court for justice. “Court process and procedure in Nigeria is regrettable. We the practitioners don’t get the joy that ordinarily we should get in doing matters. A matter that ordinarily would have lasted for two to three sittings may end up taking up to six to seven years and that can be discouraging. So, if a client cannot afford to sponsor that, he may give up,” disclosed him.
He suggested that order than a tribunal which most times are in effective, a special court like the National Industrial Court should be set up to handle issues of consumer right and the breach of these rights, further advising that the agencies should be adequately funded both financially and in human capacity wise to enable them function optimally.
By: Calista Ezeaku
From the fore going, the fight against drug trafficking should be treated as an international challenge with open collaboration, if the world leadership must win the fight!.
The circumstances or should I say the improvement on drug related activities are modifying and updating on daily basis. A close friend of mine in the United States of America who recently visited Jamaica, came with a lot of complicated information about drug trafficking and transaction. Being a qualified Nurse in US and on a visit to the Reggae Country (Jamaica), she said she was put aback when a man approached her and introduced himself as a Pharmacist. According to her, she immediately picked interest due to her professional background. To her, a business partner is birthed. But she was shocked to the narrows on learning that drug dealers or traffickers and subriquited Pharmacist in that Country. From her account, they ( The Jamaican Pharmacists), are the first set to people to meet and greet you at the Airport. No government or authority challenges them in the open due to the sophisticated nature of their transportation
Come to think of it, who would want to attack a Pharmacist on duty? Nigerians are not left out in the improvement on drug deal. A chat with a confident in the National Drug Law Enforcement Agency ( NDLEA) Rivers State Command, so revealed. The Officer draw my attention to the movement of Dispatch Riders. He said part of the reasons they ride with almost speed equivalent of the thunder lightning, is to meet up with the appointment of delivering hard drug consignment to a client of theirs. According to him, those guys popularly referred to as Yahoo Boys are the ones who now payroll dispatch riders so that they can deliver their consignment ( hard drugs) on schedule no matter the sort of traffic or weather condition. The fear of loosing rich clients and that of the unknown treatment that may come of the Boys, as the officer puts it, drives the Riders crazy thus the reason to speed even at the expense of their lives.
The account of a prominent Party Promoter, Wayne Anthony, as obtained online recently, also pointed out that ‘No Legislation Will Stop Clubbers From Doing Drugs’ Party promoter, Wayne Anthony, arrived in Ibiza, a Spanish Island in 1988, at the same time as dance music and the party drug ecstasy. Despite hallucinating badly enough to make him give up the lifestyle forever, he says laws will never stop clubbers taking drugs. “I don’t think you can control these things,” said former party promoter Wayne Anthony. He arrived in Ibiza in 1988 and began setting up club nights and raves in some of the island’s most iconic venues. In the years that followed, the sleepy Spanish island turned into a raver’s haven of clubbing and hedonism, with party drugs like ecstasy commonly found. “What Ibiza represented was this beautiful, hot island which was visually stunning and we knew you could party there quite legally,” said Wayne. “You didn’t have to look over your shoulder. You could just be as free as you possibly could be.”
That freedom came with a price. Along with the lavish clubs, all-day-benders and hot Spanish sun came drug cartels and crime. The city transformed into one the world’s most vibrant party capitals, “fuelled by a dangerous and lucrative drugs trade which drew as many criminals to its shores as it did party animals”. Wayne, one of the contributors to the documentary, spoke to Sky News ahead of its release.”I’m not going to sit here and say the cartels aren’t there. They are all there and they’ve been there from the ’90s,” said Wayne. But he said most people tried to ignore the organised crime going on around them. According to Wayne, clubbers usually took the approach of: “‘Give me 10 E’s . Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Hallucinating giant spiders Although he described the Balearic island as the “motherland”, it was eventually a bad experience with drugs that convinced Wayne it was time to leave Ibiza.
He’d been partying for days when he realised he’d taken too many drugs. A friend told him to drink cough medicine, dangerous advice that he now says could have killed him. “I saw the worst hallucination I’ve ever seen in all of my life. I ended up locking myself in the villa with all the shutters down. When he sobered up, he realised he had “come to the end” of his party life on the island. “I never looked back. I never took another drug. I got away from the club world.” ‘I don’t think you’re going to be able to stop it’ Despite his life-changing experience, he doesn’t think criminalising drugs is a good idea – or particularly effective. “If you’re old enough to vote for who’s going to be a world leader, if you’re old enough to put your name down on debt for 25 years, I feel like you should be old enough to govern what you put inside your own body, you know?” said Wayne.
Back to Nigeria, some illicit drugs worth over N30billion seized at Onne Port in Rivers State.
This blood chilling development forced the Federal Government to declare a state of emergency at the Onne Port, following what authorities described as repeated incidents of importation of dangerous cargo, including arms and ammunition through the said port. To this effect, the government said it was immediately implementing emergency protocols at Onne Port for the next three months by conducting thorough examinations of all suspected containers in the premises.
The Comptroller-General of Customs, Bashir Adeniyi, in charge of the port via a press conference, said it henceforth, unveiled the seizures of illicit goods by the Nigeria Customs Service, Area 2 Command, Onne in Eleme Local Government Area of Rivers State. In defence for his action, Adeniyi said the recurring incidents posed a threat to national security, adding that the health of citizens at the Onne Port is increasingly being used as a destination for dangerous and illicit cargo, describing it as a disturbing trend.
The customs boss stated, “Earlier today, I joined numerous stakeholders to take a significant step towards the cause of trade facilitation through the inauguration of upgraded facilities provided by the West Africa Container Terminal, Onne. “As I express delight that trade facilitation is getting traction in Onne Port, I cannot help but call your attention to a grave concern. This has to do with the repeated incidents of national security breaches unfolding in Onne Port. I appreciate your presence, as we all have a shared responsibility in safeguarding our national security. As we are all aware, the policy thrust of Mr President supports the re-energising of our business environment to drive faster import clearance and grow our capacity for exports, Our emphasis has been to promote initiatives that speak to Trade facilitation and economic development. “It is a matter of regret that criminal elements in the international supply chain are exploiting our pro-trade stance to commit atrocities bordering on national security breaches”.
“The attempts to test our will through the importation of dangerous cargo through this port has necessitated the declaration of a state of emergency in Onne Port, coming on the heels of a seizure of a huge cache of arms a couple of months ago. It is disheartening that perpetrators have not backed down on their illegal acts. Recent intelligence and seizures have revealed a disturbing trend; Onne Port is increasingly being used as a destination for dangerous and illicit cargo. The scale and nature of these illegal importations pose a significant threat to our national security and the health of our citizens. Today, we are here to showcase yet another series of significant seizures made by the diligent officers of the Area 2 Command. On display are twelve containers of illicit goods intercepted through a combination of intelligence gathering, inter-agency collaboration, and meticulous physical examination. Seizures on Display include: Three (3) x 40-feet containers: Containing 562,600 bottles of 100ml cough syrup with codeine and 3,150 pieces of chilly cutters, with a Paid Duty Value (DPV) of N4,716,573,846.
“Others are, three x 40-feet containers containing 380,000 bottles of 100ml cough syrup with codeine, 24,480,000 tablets of Royal Tramadol Hydrochloride, 5,350,000 tablets of Tapentadol and Carisoprodol, and other items, with a DPV of N17,432,506,000 were seized”.
According to the report, more seized items were, “Five (5) x 40-feet containers; Containing 892,400 bottles of 100ml cough syrup with codeine, 1,300,000 tablets of 50mg Really Extra Diclofenac, 7,250,000 tablets of 5mg Trodol Benzhexol, and other items, with a DPV of N8, 128,568,295,90. This very action of the Nigeria Customs Service, further complicated the hope of how soon the fight against drug trafficking could be brought to a halt owing to its high profile nature.
Another hair-raising report of the illicit drug deal has it that when NDLEA bursted a Snake-Guarded Shrine Used For Storing Illicit Drugs sometime ago in Edo State. This very news report was published in The Tide Newspaper on June 24, 2024. According to the report, NDLEA said its operatives uncovered a shrine, guarded by a snake, being used for storing illicit drugs, during an operation in Edo State. The Agency in a statement by its spokesperson, Femi Babafemi, added that its operatives discovered a specially constructed large hole in a wall, hidden behind wallpapers and fetish objects used for drug storage. It further noted that methamphetamine, Loud, Colorado and Arizona, all strong strains of cannabis with a total weight of 8.743kg among others, were recovered from the shrine.
To be cont’d
King Onunwor
The persistent clash between farmers and herders in Nigeria has been a longstanding issue. These conflicts, often, over resources like land and water, have led to loss of lives, destruction of property, displacement of large numbers of people, deep-seated mistrust between communities and insecurity. Herders, traditionally nomadic, move their livestock in search of grazing land and water. Farmers, on the other hand, require the same resources for their crops. This competition often leads to clashes, especially in areas where land is becoming increasingly scarce due to population growth, climate change, and environmental degradation. As these clashes intensify, there has been a growing call for sustainable solutions. Two weeks ago, President Bola Tinubu took a bold step towards tackling the issue by inaugurating the Presidential Committee on Implementation of Livestock Reforms and creating the Ministry of Livestock Development.
The committee which has the president as the chairman and the former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega as the deputy chairman has the mandate to address obstacles to agricultural productivity and open up new opportunities which benefit farmers, herders, processors, and distributors in the livestock-farming value chain as well as propose recommendations aimed at fostering a peaceful co-existence between herders and farmers, ensuring the security and economic well-being of Nigerians.The establishment of the Ministry of Livestock Development was part of the recommendations of the National Livestock Reforms Committee. Part of the 21 recommendations submitted to the president include: “This agenda should include the establishment and resuscitation of grazing reserves as suggested by many experts and well-meaning Nigerians and other methods of land utilisation.
“Create the Ministry of Livestock Resources in line with practice in many other West African countries. In the alternative, Federal and State Governments should expand the scope of existing Departments of Livestock Production to address the broader needs of the industry,” among others. Experts in the agricultural sector have posited that the livestock industry can create millions of jobs directly in farming, processing, and distribution, and indirectly in related sectors like feed production, veterinary services, and marketing. It provides livelihoods for rural populations, helping to reduce poverty and improve the quality of life in rural areas. It also increases the Gross Domestic Product (GDP) and foreign exchange earnings through the exports of livestock and livestock products such as meat, dairy, wool and leather.
According to them, a well-funded livestock industry supports the growth of agro-processing sectors, such as meat packing, dairy processing, and leather manufacturing, adds value to raw products and creates additional economic activity as well as stimulates the development of supply chains, including logistics, packaging, and retail, contributing to broader economic growth. It enhances economic resilience by diversifying the agricultural sector and providing a buffer against crop failures or other agricultural shocks and many more. Some other agriculturists have also opined that the livestock industry in Nigeria is currently underdeveloped and that by the creation of the ministry of livestock development will open up the industry which will be a huge money spinner for Nigeria.
Reports have shown that a Livestock Ministry can play a pivotal role in mitigating conflicts between farmers and herders by implementing policies and programmes aimed at fostering coexistence and sustainable resource management. The Ministry can work towards clearly demarcating grazing routes and farming areas. This would reduce instances of trespassing and accidental crop destruction, a common flashpoint for conflict. While introducing rotational grazing systems can ensure that land is used sustainably, preventing overgrazing and land degradation, establishing water points and boreholes specifically for livestock can reduce competition for water resources. Similarly, promoting the development of pasturelands through reseeding and controlled burns can improve grazing conditions.
According to a veterinary doctor, Dr Andrew Obadiah, by providing training for herders on sustainable livestock practices and for farmers on conflict resolution, both parties can understand the importance of coexistence. He said that extension services of the ministry can offer advice on improving livestock health and productivity, reducing the need for large herds and extensive grazing. “Setting up local committees involving both farmers and herders to mediate disputes can provide a platform for dialogue and peaceful resolution. Encouraging community-based conflict early warning systems can help prevent clashes before they escalate”, he emphasised.For Mrs. Stella Ugwu, a farmer, having a ministry dedicated to the development of the livestock industry can help in diversifying income sources for both farmers and herders and in turn reduce dependence on land.
”For instance, promoting agro-pastoralism can provide farmers with livestock and herders with agricultural produce”, she explained, adding that providing incentives for adopting sustainable practices, such as subsidies for fodder production or crop insurance, can ease economic pressures. Ugwu was however of the opinion that the creation of a new ministry to handle livestock affairs was uncalled for, since the job can effectively be done by the Technical and Service Department of the Federal Ministry of Agriculture and food security and its equivalent on the states level.In some countries, the establishment of a Livestock Ministry or similar bodies has shown promising results. For example, Ethiopia’s Ministry of Agriculture includes a dedicated department for livestock which has successfully implemented programmes to improve pastoral livelihoods and reduce conflicts.
In Kenya, the establishment of the National Drought Management Authority has helped manage resources better, thus reducing clashes between herders and farmers during dry seasons.The president of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Othman Ngelzarma, sees the Ministry of Livestock Development achieving the same feat for Nigeria in the near future. He told newsmen that, “MACBAN expresses its deepest appreciation to the Federal Government for creating a ministry of livestock to unlock the trillion-naira livestock economy and create qualitative and productive jobs across the value chain to improve the Nigerian economy. With this development, MACBAN believes the hope of the Nigerian pastoralists is now achieved under the Renewed Hope Agenda.
However, the Middle Belt Forum took a different view of the proposed Ministry of Livestock Development, saying it was not enough to sustainably resolve the decades-long farmers-herders crisis in the country. According to the National President of the association, Mr. Bitrus Pogu, what is needed to end the perennial farmers/herders clashes is a deliberate action by regulatory bodies and the government to stop criminal elements from carrying out deadly attacks on innocent Nigerians, mainly farmers. Hear him: “If the reason for creating the Ministry is to stop clashes, I think it is wrong because all of these attacks and killings that are happening have nothing to do with conflicts between farmers and herders. “Farmers have never connived at any given time to go and attack herders, but rather, criminals who happen to be Fulani gang up and attack farmers, kill, maim and chase them out of their ancestral homes.
“Then, the Fulani will come and occupy them. So, it is more about invasion, criminality, and terrorism. And the majority of those they hire to do these evils are not even those who have cattle. So, a deliberate action has to be taken by the government against the perpetrators, which will address the criminality.” Mr. Pogu suggested that the government should adopt ranching for productivity and enduring peace between the pastoralists and farmers in particular and the entire country in general.While the establishment of a Livestock Ministry presents a viable solution, it is not without challenges. Funding constraints, bureaucratic inefficiencies, and corruption can hamper its effectiveness. Additionally, deeply ingrained cultural practices and mistrust between farmers and herders can be difficult to overcome.
Critics argue that without a holistic approach that includes land reform, climate change adaptation, and broader economic development, a Livestock Ministry alone may not be sufficient. Therefore, it must work in tandem with other governmental and non-governmental bodies to ensure comprehensive solutions. “A dedicated Livestock Ministry, with its focus on sustainable resource management, conflict resolution, and economic incentives, offers a promising avenue to address the root causes of these clashes. However, its success depends on effective implementation, adequate funding, and the cooperation of all stakeholders involved. With the right strategies and commitment, devoid of any political or selfish interest, it can play a crucial role in fostering peace and prosperity in affected regions”, they advised.
Calista Ezeaku