Through consumer protection, the government ensures that the consumers derive maximum satisfaction from the goods and services available in the market. All of us are consumers. We consume things of daily use; we also consume and buy these products according to our needs, preferences and buying power. These can be consumable goods, durable goods, specialty goods or, industrial goods. But do we take our time to seek redress when we are sold substandard products and unsatisfactory services?
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Since persuasion is the ultimate tool for product advertisements, advertisers now go the full length of utilizing it in ensuring that they make profit. Most advertisers often go ahead to make unrealistic claims about their products and services in order to bait the consumer into patronizing them. It has been established that there exist various government and non-governmental organizations whose primary functions centers around consumer protection and security. It is also known that Nigeria as a consumer nation is susceptible to dumping and other sharp practices by erchants of death, especially food, drugs and such consumables. Manufacturers and service providers themselves have put in place within their environments, consumer protection units/quality control sections to ensure that what the advertisement say is what is obtainable in the market and that the best practices of safety is strictly adhered to. Consumer protection laws are designed to ensure fair trade competition and the free flow of truthful information in the marketplace.
The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer Protection laws are a form of government regulation which aim to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food.
Consumer protection is linked to the idea of “consumer rights” (that consumers have various rights as consumers), and to the formation of consumer organizations which help consumers make better choices in the marketplace. A consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing. Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in Competition law.
Consumer protection can also be asserted via non-government organizations and individuals as consumer activism. In this study, I have chosen to examine the roles and duties of the Consumer Protection Council (CPC); a governmental protection agency and Consumer Advocacy Forum (CAFON); a NGO dedicated to the cause of helping consumers fight for their rights when it is infringed upon by selfish manufacturers and advertisers.
The Advertisers’ Practitioners Council of Nigeria (APCON) is the watch-dog over all advertisements aired or published in Nigeria to ensure that it meets recommended best practices to protect women, children and the consuming public. Despite the efforts of government and non-governmental organizations, it is noted that some deceptive advertisements are still being exposed to Nigerians and some have escaped the law without any sanctions. This goes to show that a lot still needs to be done by the government and Nigerians themselves to guarantee their safety and get a fair deal from all commercial dealings. 1. 1DEFINITION OF PROBLEMS
As a result of heavy profiteering by commercial organizations at the expense of the uninformed consuming public, governmental and independent consumer protection agencies, organizations and forums are being formed to address the apparent negligence of consumer rights, protection and customer care in service delivery. The enforcement of consumer rights is a serious problem in Nigeria. Consumers are often reluctant to enforce their rights for a variety of reasons: ignorance of their rights, poverty, and the judiciary’s rigid adherence to strict legal rules that make it very difficult for consumers to prevail.
When a consumer alleges that the defects in a particular product are the result of negligence, for example, the consumer must prove the acts or omissions in the production process that constitute negligence. The issue is complicated by the defense of “foolproof system of production,” which has become rather popular with manufacturers. The practice adopted by manufacturers is to demonstrate an impeccable system of production with a view to convincing the court that such a system is incapable of admitting any defect as alleged by the consumer.
Decided cases show judicial inclination to accept such “foolproof system” as a defense. (See, e. g. Boardman v Guinness (Nig. ) Ltd. (1980) NCLR 109 at 126; Okonkwo v. Guinness (Nig. ) Ltd. [1980] NCLR at 130; Ebelamu v. Guinness (Nig. ) Ltd. FCA/101/82) Given this scenario, the establishment of State Consumer Protection Committees is seen by consumer activists as a development that has the potential to engender interest in the enforcement of consumer rights.
This study will attempt to examine the reasons why Nigerian consumers are victims of shoddy, harmful and sometimes fraudulent service delivery due to the fact that our consumer protection legal and structural framework is grossly inadequate. Also, because service providers are aware that there are few laws protecting the consumer which would make them liable, they are brazen in their disregard of consumer rights and protection. Advertisers keep coming up with new ways to influence the consumers’ purchasing power. They do sales promotions and benefits that are alculated at ensuring maximum profit for themselves while reducing the chances of consumer qualification for the product. Also, advertisers’ abuse their rights to exaggerate in making unrealistic claims and giving their products and services false attributions in order to persuade consumers into patronizing their products. Apart from the fact that the average consumer gets bombarded everyday with all sorts of advertising messages, he is further confronted with other sharp practices of marketers such as deceptive advertising, high pressure selling, shoddy or unsafe products, planned obsolescence and arbitrary price increases.
The Nigerian business environment is filled with so many corrupt and care free capitalists who care only about profit maximization and pay very little attention to customer satisfaction. Nearly every sector and industry tries to rip its customer of its hard earned money. This research will attempt to solve this by answering these questions: What is the way forward? Are there consumer protection agencies in Nigeria? Are consumer protection agencies in Nigeria working? Do Nigerians know how to get redress or get their problems solved?
Business is all about consumer satisfaction, without this there is no continuity of business. It appears Nigerians are mostly carefree or have been frustrated to taking things the way they see them 1. 2OBJECTIVE OF THE STUDY The objective of this research is to study the effects that advertising practice has on consumer rights to be protected from harmful products and services and how they are guided to make rational purchase decisions so as to maximize their satisfaction from goods and services and value for money spent.
Also, this research strives to increase consumer awareness and to familiarize the consuming public with their rights as regards unsatisfactory product and service delivery. Furthermore, this research strives to encourage high level of ethical conduct for those engaged in the marketing and advertisements of goods and services to consumers. This study also strives to encourage government to strengthen and maintain strong consumer protection policy. All these and more are what this study intends to investigate and find a feasible solution to. 1. 3RESEARCH QUESTIONS
Here are some of the questions that this research will try to provide answers to. * How familiar is the consumer to the consumer protection laws in Nigeria? * Do the Protection Agencies deliver adequate representation and advocacy for aggrieved consumers? * Do the consumers take action when their rights have been infringed upon by product manufacturers and advertisers? * What are the measures that have been put in place by the Consumer Protection Agencies to help the consumer seek redress when their rights have been violated? * To what extent are the Consumer Protection Agencies’ services of benefit to the aggrieved consumer? This being the first attempt at a scientific research by the researcher, the researcher is prone to commit errors due to inexperience. Also, because of the wide scope of the research topic, the researcher may have to narrow down his study to a few service providers in a small geographical location in other to generate statistically-viable information. In this study, the researcher discovered that the bureaucratic administration of government agencies and parastatals is one of the hindrances in this research.
The ‘red tapes’ and protocols involved to gain access to the appropriate personnel or manager is tedious and very taxing therefore making this results of this study later than scheduled. Also, the lack of much published work on consumer protection in Nigeria has limited this study in its attributions and references. 1. 5DELIMITATIONS OF THE STUDY This study focuses on the role of Consumer Protection Agencies in ensuring the freedom of consumers from deceptive product advertisements and seeking redress for consumers who have fallen victim of substandard products and services.
The scope of this study is majorly on consumer protection agencies as they affect consumers and advertisers. Anything outside this dissertation can be examined in another study. 1. 6SIGNIFICANCE OF THE STUDY Most consumers being naive and gullible, are easily taken advantage of by the advertiser. The presence of consumer protection agencies and laws does not seem to elevate the awareness status of the consumer. This study intends to know why the consumer is reluctant to complain and press charges against the advertiser when he is being cheated out of his money.
This study also intend to clarify and identify the roles and duties of the consumer protection agencies in Nigeria and what they are doing to prevent advertisers from taking advantage of the consumers’ ignorance. This research tries to study the effects that Advertising practice in Nigeria has on consumer rights to be protected from harmful products and services and how they are guided to making rational purchase decisions so as to maximize their satisfaction from goods and services and value for money spent.
