By Isaac Asabor
There is no denying the fact that the role of various regulatory bodies in Nigeria’s economy and their responsibilities to stakeholders and society at large has become a major topic of debate.
However, not much is comparatively said about the business activity of the Federal Competition and Consumer Protection Commission (FCCPC) which through the Acts that established it offers an important part of a reliable market economy. While “buyer beware” was once the motto of the free market, FCCPC, particularly under Mr. Babatunde Irukera has been helping to keep sellers honest, with no threat of unpleasant surprises.
At the core of the foregoing view point is how the activities been carried out by the FCCPC is touching every sector of the economy, and in turn imparting on the lives of the people who are invariably consumers of diverse brands and services.
The commission which has unarguably been exerting its responsibilities in virtually every sector of the economy, and by that virtue been urging players in the sector to be prioritising responsiveness to consumers, and reminding operators of industries that they are under obligation to improve on their responsiveness to consumer’s complaints and dissatisfaction at any point in time and anywhere.
To those that are following the activities being carried out by the Commission’s leadership under Mr. Babatunde Irukera, its activities in the power sector where it says electricity topped its 2021 consumer related complaints chart just like in 2020, cannot be denied.
Also gaining FCCPC’s interventionist role, is the Banking and Finance Sector, where Irukera in December last year disclosed that complaints received from the sector were second on the chart.
To any eagle-eyed observer, the point Irukera is leading the regulatory body to cannot be farfetched as he hinted during a recent interactive parley with Journalists that, “We need to get to a point where businesses recognise their obligations and understand that responsiveness is an important fundamental in business activities. It is not right that the commission even as a government agency is easier to access and is more responsive to consumers that are dissatisfied than companies.”
Not only is the commission under Irukera’s leadership reforming the consumer protection landscape through intensified efforts in consumer education, there have equally been legal victorious legal moves made by the commission on behalf of consumers in the recent time.
There is no denying the fact that efforts been made by the leadership of FCCPC toward the reformation of the sector was recently so obvious and perceptible that Irukera has to express his joy two court decisions pronounced in favour of the Commission, and to a large extent the consumers.
Irukera excited said, “Reform is in the making. It may be slow, even tedious, but one day at a time, the landscape for accountability in the marketplace is changing.
“I am particularly happy today because of two decisions that emanated from the State and Federal High Court. One from the Enugu state High Court, and the other from the Lagos Division of the Federal High Court. Both decisions somewhat address impunity. Impunity in how some do business, and impunity in how some respect the regulator and regulatory process.
Somehow, we are succeeding as a nation in strengthening the institution for protecting consumers, and deepening the concept of respecting the rights of consumers.
In the first case which was between Chukwuma and Peace Mass Transit Limited, Irukera disclosed that the Court decided and held that the principle of return or refund is statutory, applicable and enforceable, and explained that the case invalidated and declared the defendant’s policy of not refunding money received for unprovided service illegal, and affirmed consumers’ right to cancel advance reservations or bookings, at best or worst, less reasonable administrative charges.
He noted that the court construed Sections 104,120, and 129 of the Federal Competition and Consumer Protection Act 2018, (FCCPA), saying that this is a landmark decision and watershed because there is now both statutory and judicial authority regarding this rather vexed matter of a practice of not making refunds to consumers.
He added, “In the second case, Justice Liman of the Federal High Court in Lagos in FRN v. Anuoluwapo Adepoju dismissed a No Case Submission and declared that Dr. Anu Adepoju and Med-Contour must open a defence and be held answerable under criminal charges that a failure to comply with FCCPC summons to appear or produce evidence under the FCCPA constitutes sufficient bases to be held criminally accountable.
“I am excited about these two decisions because, the current season is one where consumers are pressed hard from all sides; and these decisions by competent courts balance conduct of producers and providers to prevent impunity (which both cases actually underscore).
“When considered with the traffic of digital money lenders approaching the FCCPC to enter into a framework of cooperation and compliance in exchange for benefit under Cooperation & Assistance Rules, I am encouraged that it has been a good week for the future of consumer rights, and behavioral modification by businesses in a manner that redounds to value for consumers.
He excitedly concluded, “To the consumer in Enugu who was bold and insistent enough to commence, and push through, on behalf of the FCCPC, I say thank you; and to the prosecution and investigation team at FCCPC that still stays the course, even when the process is stalled, I say well done!”
Ostensibly assuring that the battle has not started, the Nigeria’s No. 1 Consumer Protector said, as regard FCCP’s protection effort, “We will win the battles and war against loan sharks and moneylenders.
“And next will be lottery, gaming and betting. This is the warning shot. FCCPC is coming and will come really strong. Our society is far more paramount than your margins. Business is about mutual benefit. Anything else is exploitation, properly so called!”
As for Google Inc., which FCCPC indicted of obstructing its efforts aimed at tracing the owners of illegal online money lending services engaged in consumer rights violations in Nigeria, Irukera who made the allegation at collaborative engagement in Lagos as earlier mentioned in this context indicated its willingness to tackle the search engine in its detrimental activities ostensibly in connivance with online loan providers, derogatorily called loan sharks. Without doubt, the Commission under Irukera’s leadership is unarguably pointing its searchlight on every sector of the economy.
It would be recalled that FCCPC has told the media that “In addition to what you are seeing here today, the FCCPC has also issued multiple orders today. Two of them are going to vendors: Apple and Google stores where some of these apps are available. We have asked them to shut these companies’ apps down so that people will not be victimized anymore.
“Also, many Nigerians have blamed some Nigerian commercial banks for accommodating these Shylock loan companies.
“In line with this thought, Federal Government has also asked these banks to freeze the accounts of illegitimate loan companies. “Secondly, some of them (the orders) have gone to the bank, asking them to freeze the accounts used by these people.
“These criminal loan sharks that parade google Play Store have become experts in blackmail and blatant invasion of people’s privacy. They have been accused of employing different types of manner less and uncultured characters as workers”.
The Federal Government have also insisted that most of them are illegally operating in Nigeria. Therefore, the FG through an Inter-Agency Joint Regulatory & Enforcement Task Force of FCCPC, NITDA and ICPC has raided some of the loan sharks offices in Lagos state.
Without doubt, it cannot be less agreed that as long as Irukera and his team continue to reform the consumer protection landscape, particularly within the provision of the Federal Competition and Consumer Protection Act (FCCPA) that he will continue to cross great milestone particularly as witnessed in the last few weeks.
Against the foregoing background there is no denying the fact that he and his team have adapted a great deal of the Act, and articulated good preparation to, as engagements been demonstrated are setting the right tone.
