A review of recent actions by federal regulators in Nigeria suggests that the country is entering a promising new chapter in consumer protection.

In 2023, the Nigerian Electricity Regulatory Commission (NERC) introduced its “Customer Protection Regulations” – which aimed to “consolidate the Commission’s existing regulatory instruments on customer protection in the Nigerian electricity supply sector electricity in a single regulatory instrument”.

In 2023, a large multinational operating in the country agreed to pay the Federal Competition and Consumer Protection Commission (FCCPC) a hefty fine of $110 million for, among other things, violating consumer control regulations. public health. A record in the fast-moving consumer goods sector in Nigeria.

In July 2024, the Nigerian Communications Commission (NCC) released a revised version of the “Consumer Code of Practice”, a comprehensive document establishing the minimum standards to be followed by operators in the provision of telecommunications services and handling practices. associated consumption. The regulation contains various measures and information aimed at protecting consumers against unfair practices by telecommunications service providers.

In September, the Nigerian Civil Aviation Authority (NCAA) launched a Consumer Protection Portal (CPP) to “offer a host of resources, including guidelines on consumer rights, tools for reporting grievances, a source of data referencing for research and research purposes.” development for informed decision making, improved services and ultimately support to Nigerian consumers and the aviation industry.

And then, in October, the NCC announced the start of “prior action” against internet service provider Starlink, stating that the licensee had “unilaterally” increased subscription prices without the Commission’s approval . A strong and laudable signal that the consumer’s interest is paramount for the Commission.

This emerging trend of intensifying actions to protect consumers is very welcome – and necessary. There is no doubt that the emergence of the FCCPC in early 2019 – following the passage and presidential approval of the Federal Competition and Consumer Protection Act – marked a turning point in this regard.

The new legislation not only expanded the mandate of the Consumer Protection Board (as it was then called) to cover anti-competitive behavior, but it also gave more teeth to its existing mandate.
A growing emphasis on deepening the culture of consumer protection has followed in this wake, and public sector agencies like the FCCPC, NCC, NERC and others are boldly leading what appears to be the dawn of a service revolution in the Nigerian public sector.

The revised regulations of the NCC Code of Good Consumer Practices particularly deserve some attention, given the ubiquity of telecommunications products in the country.

The regulation clearly defines what telecommunications consumers should expect and demand from operators. Among other things, it expressly states that advance warnings must be provided to consumers in the event of anticipated service disruptions. Of course, it must also be recognized that not all disruptions can be anticipated, and due account is taken of this.

It also requires operators to provide specific information to consumers regarding compensation or refunds when contractual quality service levels are not met.

The regulation insists on very high levels of transparency and clarity in the language used in agreements, promotions, guarantees, invoicing, etc. It shouldn’t be difficult to know how to cancel a contract or know in advance what fees or penalties might apply. Under its terms, licensees “must respond within 96 hours to consumer requests for information about their services.”

Access to an invoice or detailed statement must be quick and free for consumers. You should therefore be able to ask your telecommunications operator to provide a declaration in the same way as banks. It also mandates that service providers must make “directories” available to consumers upon request – for a fee. There is a caveat here: Consumers can opt out of being listed in a directory, which makes sense, for privacy reasons.

Disabled people, people with special needs and the elderly are not left out: the regulation obliges service providers in the telecommunications sector to offer priority service to this category of consumers and to provide communication in useful formats, such as large print and braille for the visually impaired.

The NCC also issued a revised “Type Approval Regulation” in 2024 aimed at improving the operational quality of communications networks, focusing on issues such as interoperability, security, equipment standards, effective use of frequency spectra, etc.

Every new regulation or consumer portal that emerges is a step forward for Africa’s most populous country and largest consumer market. But there is no doubt that the application of these different directives is essential. The effectiveness of the rules lies in their consistent application, including the consistent and determined application of sanctions in the event of non-compliance.

Another essential element is consumer awareness: Protected persons must be aware of existing protections, so that they can invoke those protections boldly and expect action and relief if necessary.

It is very important that the debate on consumer protection cannot be one-sided. While consumers have inalienable rights and must be protected, they also have obligations towards service providers: to be responsible users, to avoid illegal use of platforms and services, etc.

The regulation makes clear that a practice such as accumulating unpaid bills on a telecommunications operator’s network, then abandoning that network to start again on another telecommunications operator, is illegal. (In this case, the network manager is authorized to deploy “any legal means” to recover the debt).

The consumer code is complemented by a presidential decree that President Tinubu approved in July 2024, designating Nigeria’s telecommunications infrastructure as “critical national infrastructure” – meaning any unauthorized, illegal or malicious use of any element thus designated will result in decisive sanctions. This balance between rights and responsibilities is the ideal approach.

The new Charter of Nigerian Values, approved by the Federal Executive Council (FEC) in September 2024, reinforces the principle and spirit of this necessary balance. The Charter can be considered as a “Consumer Code of Good Practice” in its own right, where the “Consumer” is every citizen of the Federal Republic of Nigeria, and the “Operator” is every government in the country – federal, state and local.
The Charter, which will be officially launched soon, sets out very clearly what governments owe to citizens (“fundamental promises”) and what citizens owe to governments in return (“commitments”); reinforce the spirit of reciprocal responsibility which underlies all consumer codes and regulations issued by the various regulators.

It is sincerely hoped that this new era of increased attention and amplification of complementary rights and responsibilities of consumers and citizens will be here to stay in Nigeria, and that we will quickly begin to redirect our attention and energy towards implementation and bold enforcement, ensuring that violations are punished quickly and decisively, and that remedies are easily and transparently available to all parties and in all cases.

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