Court affirms FCCPC’s consumer complaints resolution powers

CONSUMER rights protection movement received a boost over the weekend as a Federal High Court affirmed the consumer protection jurisdiction of the Federal Competition and Consumer Protection Commission (FCCPC) over banker –customer dispute.

FCCPC, while reposting the highlights of the judgement, earlier posted by @SlingstoneLaw on its official Twitter (now X) Handle, had explained how a Nigerian company, Bluecrest Global Limited, had presented a consumer complaint to the FCCPC, based on alleged unethical practices by one of the nation’s financial institutions, Wema Bank, in providing Advance Payment Guarantee (APG).

The Commission, after hearing the complaints, had directed the financial institution to return the entire APG sum within a specified time-frame, a directive which did not go down well with the management of the bank. One of the nation’s first generation banks was said to have gone to the Federal High Court to challenge the Commission’s consumer complaints resolution powers, arguing that the commission never possessed such jurisdiction, regarding the banker-customer dispute.

“The court was invited to consider relevant provisions of the 1999 Constitution (as amended) and Federal Competition and Consumer Protection Act 2018 (‘FCCPA’) to determine the validity of FCCPC exercise of powers to resolve a consumer complaint against Wema, as a banker”, the post read.

One of the three key points from the judgement highlighted by FCCPC in the post is the court’s affirmation that the Commission’s jurisdiction covers ‘all matters of dispute or complaint on consumer protection’, which, it argues, also affirms the Commission’s multi-sectoral consumer protection jurisdiction as demonstrated in the example of a consumer complaint relating to banking service.

Besides, Section 104 of the FCCPA grants FCCPC superior jurisdiction regarding consumer protection and competition. This power, the statement says, ‘does not conflict with the 1999 Constitution of the constitutional jurisdiction of the Federal High Court’s court over banker-customer disputes.

“FCCPA has a layered grievance procedure which permits a consumer to submit a consumer complaint directly to the service or goods supplier, industry regulator, FCCPC or the Court in a civil action,” the Commission added.

Commending the agency, especially the impactful tenure of its immediate past Executive Vice President, Babatunde Irukera, Dr. Joe Abah expressed delight at the sterling quality of the former FCCPC’s boss, arguing that the ‘quest for a better Nigeria is not solely dependent on being in government.’

It will be recalled that the Commission, towards the tail end of last year secured a fine of $110million against the British American Tobacco Nigeria (BATN), over consumer rights breach and infractions.

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