COMPARATIVE ANALYSIS OF CONSUMER PROTECTION LAW IN NIGERIA AND SOUTH AFRICA

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ABSTRACT

Consumer’s rights are inalienable rights that must be protected by the consumer, business organizations and the government. The greatest danger faced by consumers lies in the consumption of fake and adulterated goods. The consequence of consumption of fake and substandard goods is sometimes dangerous to human life. Despite this fact, violation of consumer rights which is the hallmark of consumer protection is still being considered in Nigeria as breaches of either contractual or tortious right. This study analyses from a global perspective the extent to which consumer rights have become entrenched in constitutions of some countries of the world using Nigeria and South Africa as case studies. The operation of business demands sound public policies and laws aimed at promoting harmony, stability and growth in the economy. Consumer rights and protection laws are essential in Nigeria to check and regulate the excesses of businesses and individuals against the Nigerian consumer. Government has established specific agencies to monitor, identify and prosecute fraudulent businessmen and women. This work therefore carries out a comparative analysis of consumer protection laws in Nigeria and South Africa and recommends that much still need to be done. This study makes a case for the entrenchment of consumer rights as constitutional rights in Nigeria.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 BACKGROUND OF THE STUDY

Policies constitute the framework, the lever, the plank, and the backbone for meaningful decisions. Policy is defined as “a verbal, written or implied overall guide setting up boundaries that supply the general limits and direction in which managerial action will take place”.[1] They are planned expressions of a group’s official attitude towards the range of behavior within which it will permit or desire people to act. Policies define how people should react to situations, which occur frequently without having to wait to be told what to do. Gordon[2] refers to public policies “as the organizing framework of purposes and rationales for government programs that deal with specific societal problems”. Etuk [3] opines that public policy is the community conscience in the form of a statement, or interpretation of a statement, that carries with it the weight of government to matters of public morals, welfare, safety or public health. Most public policies are made to address major social and economic issues. Policies are an effort at coordinating and promoting uniformity in the conduct of government business and the behavior of its citizens.

Public policy has to do with those policies emanating from the government of a state or its agencies as opposed to private policies, which are from the private sector. They are either meant to regulate relationships among the citizens or distribute social amenities to.