1. INTRODUCTION
Every day we buy food, pay for electricity, book flights, or subscribe to mobile data. As consumers,
we are the final users of these goods and services. But how do we ensure we are treated fairly?
OBJECTIVE OF THIS PRESENTATION:
To educate consumers on their rights under Nigerian law.
To help consumers identify unfair or deceptive practices.
To explain proper channels for seeking redress.
WHY THIS MATTER:
Consumers are the end users of goods and services, their protection is vital for a fair
marketplace.
Consumer protection ensures that buyers are treated fairly, get value for their
money, and are not exploited by producers or service providers.
It builds trust, accountability, and economic stability.
This presentation explains your rights, helps to identify unfair practices, and explain the channels
for seeking redress when those rights are violated.
2.W
HAT IS CONSUMER PROTECTION?
Consumer protection refers to the laws, policies, and enforcement mechanisms designed
to safeguard buyers against unfair, deceptive or exploitative practices in the
marketplace.
It ensures that:
Goods and services meet safety and quality standards.
Consumers are treated fairly.
There are accessible means of redress when things go wrong.
Example
If a consumer purchases an “original” phone that later turns out to be refurbished and defective,
consumer protection laws empower that person to demand a replacement, or refund, and to report
the deceptive seller to The Federal Competition And Consumer Protection Commission (FCCPC).
3. LEGAL FRAMEWORK FOR CONSUMER PROTECTION IN NIGERIA
MAIN LAW: FEDERAL COMPETITION AND CONSUMER PROTECTION ACT
(FCCPA) 2018
Established the Federal Competition and Consumer Protection Commission
(FCCPC).
Harmonizes competition and consumer protection into one body.
Key Mandates of the FCCPC:
Protect and promote the interests of consumers.
Eliminate unfair, deceptive, or unconscionable business practices.
Ensure that consumers have access to accurate information and safe products.
Provide a platform for complaints and redress.
Other Key Sector Regulators:
|
Sector
|
Agency
|
Key Role
|
|
Product
Standards
|
Standards Organisation of
Nigeria (SON)
|
Ensures goods meet
minimum safety
standards
|
|
Telecoms
|
Nigerian Communications
Commission (NCC)
|
Protects telecom
consumers
|
|
Electricity
|
Nigerian Electricity Regulatory
Commission (NERC)
|
Regulates electricity
service providers
|
|
Financial
Services
|
Central Bank of Nigeria (CBN)
|
Oversees fair
treatment of bank
customers
|
|
Food &
Drugs
|
National Agency for Food and
Drug Administration and
Control (NAFDAC)
|
Ensures safety of
consumables
|
|
Aviation
|
Nigerian Civil Aviation
Authorities (NCAA)
|
Protects passenger
rights
|
4. WHO IS A CONSUMER?
Under Section 167 of the FCCPA,
A consumer is any person:
(a) who purchases or offers to purchase goods for personal or household use, and not for resale or
use in a commercial manufacturing process; or
(b) to whom a service is rendered
In essence, if you buy, hire, or use goods or services for personal use, you are a consumer.
5. YOUR FUNDAMENTAL CONSUMER RIGHTS (Sections 114-133 FCCPA)
|
Section
|
Short Title
|
Summary of Right
|
|
114
|
Right to
information in
plain and
understandable
language
|
A consumer is entitled to receive
notices, documents or visual
representations required under the Act
(or any other law) in a prescribed
form, if one is prescribed, or
otherwise in plain language such that
an ordinary consumer of that class
(with average literacy skills) can
understand.
|
|
115
|
Disclosure of
price of goods
or services
|
Undertakings (businesses) must display
the price of goods or services
clearly (in Nigerian currency), and
must not charge a higher price than
that displayed. Multiple prices must
honour the lowest.
|
|
116
|
Product labelling
and trade
descriptions
|
Goods must have accurate labelling and
correct trade descriptions; an
undertaking must not apply misleading
descriptions, tamper or alter
descriptions, or supply goods with a
misleading description.
|
|
117
|
Disclosure of
reconditioned or
second-hand goods
|
If goods are used, second-hand,
reconditioned, rebuilt or remade, the
undertaking must conspicuously inform
the consumer that they are such
(i.e., not new/original).
|
|
118
|
Sales records
|
Businesses must provide a written
record of the transaction upon request
(receipts), which includes details such
as name and address of the
undertaking, date, description of
goods/services, unit price, quantity,
total price before tax, applicable
taxes, final price, etc.
|
|
119
|
Consumer’s right
to select
suppliers
|
The consumer has the right to select
among suppliers of goods or services.
That is, where similar goods/services
are available from different
|
|
Section
|
Short Title
|
Summary of Right
|
|
manufacturers or suppliers, the
consumer should have the prerogative
to choose preferred supplier.
|
||
|
120
|
Consumer’s right
to cancel
advance
reservation,
booking or order
|
A consumer can reasonably cancel
advanced bookings, reservations or
orders. Any cancellation charge must
be fair given the nature of the
goods/services, length of notice, and
opportunity to find an alternative.
Also the consumer must be informed in
writing if any price/promotion
restricts refund rights.
|
|
121
|
Consumer’s right
to choose or
examine goods
|
Consumers may select or reject goods
displayed or sold from open stock
before completing a transaction. Also,
the consumer is not liable for
loss/damage of goods displayed unless
due to gross negligence, malicious
behaviour or criminal conduct.
|
|
122
|
Consumer’s right
to return goods
|
Consumers can return goods (except in
limited circumstances) as long as the
goods remain in good condition and
within a reasonable time; typically
where goods are defective, unsafe, or
don’t correspond with description,
sample or purpose. The consumer may
then be entitled to a full refund,
replacement or remedy.
|
|
123
|
General standards
for the
marketing of
goods and
services
|
Underscores that goods/services must be
marketed with factually accurate
information; no misleading or deceptive
information or representations through
promotional materials, advertisements or
otherwise.
|
|
124
|
Right to fair
dealings
|
The consumer is protected from
coercion, undue influence, unfair
marketing practices, harassment or
pressure in the sale or supply of
goods/services.
|
|
125
|
False, misleading
or deceptive
representations
|
Undertakings must not make false or
misleading statements about
goods/services, their nature, quality,
composition, price, standard, or
suitability for purpose. This supports
the marketing standard rights.
|
|
126
|
Representation
test and
|
This covers obligations in respect of
testimonials, endorsements or other
|
|
Section
|
Short Title
|
Summary of Right
|
|
publication
testimonials
|
representations used by undertakings;
essentially ensuring that such
representations are truthful and that
testimonials are not misleading.
|
|
|
127
|
Unfair,
unreasonable or
unjust contract
terms
|
A contract term that is unfair,
unreasonable or unjust to the consumer
(for example one that waives the
consumer’s rights, imposes
disproportionate liability on the
consumer or excludes serious
obligations of the business) may be
void or unenforceable.
|
|
128
|
Notice required
for certain
terms and
conditions
|
Where any notice or contractual term
purports to limit or exclude liability
of the business, impose indemnity on
the consumer or waive implied rights,
the consumer must have the notice
brought to his/her attention in a
conspicuous manner before entering into
the transaction.
|
|
129
|
Prohibited
transactions,
agreements, terms
or conditions
|
Transactions, agreements or terms that:
defeat the purpose of the Act;
mislead or deceive consumers; waive
consumer rights; avoid business
obligations; impose consumer liability
for the business’s negligence; impose
unnecessary deposit of personal ID or
codes; or otherwise undermine consumer
protection — are prohibited, void and
of no effect.
|
|
130
|
Rights pertaining
to the quality
and safety of
goods and
services
|
Consumers have the right to timely
and good quality service delivery; if
there’s delay the consumer must be
informed; goods/services must be free
from defects; where a service contract
includes supply/installation of goods,
they must be suitable for that
purpose.
|
|
131
|
Consumer’s
rights to safe,
good and quality
goods
|
Every consumer has the right that
goods purchased are reasonably suitable
for the purpose for which they are
generally intended (and if the
consumer has communicated a special
purpose, for that purpose); are of
good quality, in working order, free
from defects; usable/durable for a
reasonable period considering normal
|
|
Section
|
Short Title
|
Summary of Right
|
|
use and surrounding circumstances; and
comply with applicable industry/sector
standards.
|
||
|
132
|
Implied warranty
of quality
|
There is an implied warranty: if
goods fail to satisfy the criteria
under section 131, within a reasonable
period (often three months) consumers
can request repair, replacement or
refund without penalty.
|
|
133
|
Safety monitoring
and recall
|
The Act mandates mechanisms for
monitoring product or service safety,
investigating the occurrence of
defect/failure/hazard, notifying
consumers, recalling defective or
unsafe goods for
repair/replacement/refund. The regulator
(Federal Competition and Consumer
Protection Commission) may require
undertakings to recall goods if they
fail to act.
|
Example:
A supermarket displaying “₦1,000 per litre” must not charge ₦1,200 at checkout. If
multiple prices are shown, the lowest applies (Section 115).
6. HOW TO IDENTIFY UNFAIR PRACTICES (Sections 123-125 FCCPA)
Unfair practices are actions by businesses that mislead, pressure, or exploit consumers.
|
Section
|
Title
|
Essence
|
Example of
Violation
|
|
123
|
General Standard
for Marketing
|
All marketing must
be honest, accurate,
and fair.
|
Advertising
“human hair”
for synthetic
hair.
|
|
124
|
Right to Fair
Dealings
|
No coercion,
harassment, or
exploitation of
consumers.
|
Forcing a
consumer to sign
a service
contract under
pressure.
|
|
125
|
False, Misleading
or Deceptive
Representations
|
No false statements
about goods,
services, prices,
guarantees, or
affiliations.
|
Claiming a used
phone is new, or
a fake brand is
“official.”
|
Other Examples:
I.O
vercharging or hidden charges.
II.R
efusal to issue receipts or warranties.
III.M
isrepresentation of product quality or origin.
IV.B
ait and switch tactics (advertising one thing, and selling another).
V.F
ailure to deliver after payment.
EXAMPLE:
A consumer buys a “Made in USA” blender that turns out to be made in China and breaks within a
week.
This is false representation under Section 125 FCCPA. The consumer is entitled to a refund,
replacement, or compensation, and the seller may face regulatory sanctions.
7. HOW TO ENFORCE YOUR RIGHTS (SEEK REDRESS)
STEP 1: CONTACT THE BUSINESS OR SERVICE PROVIDER
Report the issue directly and request a refund, replacement, or repair.
Keep all receipts, contracts, or correspondence as evidence.
STEP 2: ESCALATE TO THE RELEVANT REGULATOR
Depending on the sector:
NAFDAC – food, drugs, cosmetics.
NCC – telecoms.
CBN – banks and financial services.
NCAA – airline services.
NERC – electricity.
SON – product quality.
STEP 3: FILE A COMPLAINT WITH THE FCCPC
Website: ![]()
www.fccpc.gov.ng
Address: FCCPC Headquarters, Abuja.
You can also complain through state offices. Some states (like Lagos) have their own consumer
protection offices.
STEP 4: LEGAL ACTION
Section 146(2) of the FCCPA allows consumers to seek redress in courts.
You can also join a class action if others are similarly affected.
POSSIBLE REMEDIES:
I.R
eplacement or repair of goods
II.R
efund or compensation
III.I
njunctions or fines against the business
Example:
A group of airline passengers suffer repeated flight cancellations without refund.
They can jointly file a complaint with the FCCPC or NCAA, and if unresolved, proceed to court for
refund and damages.
8. THE ROLE OF CONSUMERS
I. Stay informed about your rights.
II. Always request receipts or proof of purchase.
III. Read product labels and contracts carefully.
IV. Report fake or harmful products immediately.
V. Encourage others to speak up.
9.E
NFORCEMENT MECHANISMS UNDER THE FCCPA
Section 146 – Enforcement of Rights by a Consumer:
A consumer who has a right under the Act and is aggrieved by its breach may enforce
the right by any of the following:
I.M
aking a complaint (in the prescribed manner) to the undertaking (the company or person
supplying the goods or services).
II.R
eferring the complaint to the industry sector regulator (if the undertaking is subject to
the jurisdiction of such regulator).
III.F
iling a complaint directly with the Federal Competition and Consumer Protection
Commission (FCCPC).
Importantly, subsection (2) provides that the consumer may directly approach the court in relation
to the supply of goods or services to him or for any dispute.
Section 147 – Conclusion by Industry-Sector Regulator
The applicable industry sector regulator may investigate a complaint made by a
consumer or referred to it under Section 146.
The regulator may, after its investigation and process, give a conclusion of no further
action and where that happens the consumer may still proceed to the Commission under
Section 148.
Section 148 – Enforcement of Rights by the Commission
The FCCPC may enforce consumer rights by initiating its own investigations or by
dealing with complaints referred to it.
Key steps include:
I.R
eceiving a complaint from a consumer, regulator, accredited consumer group or on its
own motion.
II.D
eciding whether to refer the matter to an industry regulator or investigate itself.
III.I
f it proceeds, the Commission may issue a notice of non-referral (if complaint is
frivolous), refer to regulator, or direct an investigation.
IV.T
he Commission may conclude by issuing orders, notices, or taking action to protect
consumer rights.
Section 149 – Consent Order
The FCCPC may, with the agreement of the undertaking (company/agent) against
whom a complaint has been made, enter into a consent order.
A consent order may include terms such as:
i.T
he undertaking undertakes to stop the infringing conduct
ii.P
ayment of redress / compensation to the consumer(s)
iii.T
he consent order may be registered in court and enforceable as such.
Section 150 – Compliance Notice
Where the Commission determines an undertaking has engaged in prohibited conduct
(or failed to comply), it may issue a compliance notice specifying:
i.T
he nature of the non-compliance
ii.T
he steps required to remedy it
iii.T
he time frame for compliance
iv.T
he consequences of non-compliance (which may include closure of premises,
administrative sanctions)
v.T
he notice may require the undertaking to cease certain conduct or take positive steps.
Section 151 – Redress by Civil Society Groups
The Act enables accredited consumer protection groups, civil society organisations and
non-governmental bodies to assist in enforcing consumer rights.
Such groups may:
i.B
ring complaints to the Commission
ii.E
ducate consumers about their rights
iii.B
e involved in advocacy for redress and systemic change
iv.A
ccreditation requirements apply to these groups under the Act.
Section 152 – Redress by the Court
A consumer or consumer protection group may directly approach the court for redress
in respect of goods/services supplied, or where the undertaking has breached consumer
rights.
The court may grant relief such as:
I.D
eclaring the offending terms void or unenforceable
II.O
rdering refund, replacement, repair or other remedy
III.A
warding damages or compensation (where applicable)
IV.T
he possibility of civil litigation complements the regulatory enforcement mechanisms.
Section 153 – Power to Obtain Satisfactory Written Assurance
The Commission may require an undertaking which has engaged in a course of conduct
that may infringe consumer rights to give a written assurance (in a form the
Commission accepts) that it will refrain from such conduct and take prescribed
corrective steps.
If the undertaking fails to give such assurance or breaches it, further regulatory or legal
action may ensue.
Section 154 – Compensation Order
The Commission may make a compensation order against an undertaking where a
consumer right has been infringed.
The compensation order may require:
I.P
ayment of compensation to the affected consumer(s)
II.O
r redress appropriate in the circumstances (repair, replacement, refund)
III.T
his provides a direct mechanism to remedy the harm suffered by consumer(s).
Section 155 – Contravention of Consumer Rights
If an undertaking contravenes any consumer right under the Act, it commits an offence.
Penalties:
i.F
or a natural person: on conviction, imprisonment up to 5 years, or a fine (or both).
ii.F
or a body corporate: a fine of not less than ₦100,000,000 or 10% of its turnover in the
preceding business year (whichever is higher).
iii.E
ach director of the body corporate also liable to prosecution as if the director was the
natural person.
|
Section
|
Mechanism
|
Key Function
|
|
146
|
Consumer
Enforcement
|
A consumer may complain to the
business, regulator, FCCPC, or court.
|
|
147–148
|
Regulator &
Commission
Actions
|
Regulators investigate; FCCPC may take
over unresolved cases.
|
|
149
|
Consent Orders
|
FCCPC can settle with companies and
enforce compliance through court
registration.
|
|
150
|
Compliance
|
FCCPC issues orders specifying
|
|
Section
|
Mechanism
|
Key Function
|
|
Notices
|
corrective steps and deadlines.
|
|
|
151
|
Civil Society
Enforcement
|
Accredited consumer groups can assist
with complaints and advocacy.
|
|
152
|
Court Redress
|
Consumers or groups can seek refunds,
replacements, or damages directly in
court.
|
|
153
|
Written
Assurances
|
FCCPC may demand written promises
from companies to stop unfair
conduct.
|
|
154
|
Compensation
Orders
|
FCCPC can compel payment of
compensation or restitution.
|
|
155
|
Offences &
Penalties
|
Up to ₦100 million fine or 10% of
turnover for companies; up to 5
years imprisonment for individuals.
|
10. ROLE OF THE FCCPC
The Federal Competition and Consumer Protection Commission (FCCPC) is empowered
under the FCCPA to:
Investigate consumer complaints.
Impose administrative penalties.
Order refunds or replacements.
Promote consumer education and awareness campaign.
11. CONCLUSION
“An informed consumer is the best defense against exploitation.”
Key takeaways:
Know your rights under the FCCPA 2018.
Recognize and report unfair practices.
Use the proper complaint channels for redress.
Stay alert.
