In need of consumer protection

In the news last-week was the arraignment of one Mr. Magnus Onyenkwu Ezeago, an Ibadan based businessman, before a Federal High Court in Lagos, by the National Agency for Food and Drug Administration and Control (NAFDAC) for producing, packaging, false labeling, stocking, distributing and selling of fake “Alomo Bitters”, a popular alcoholic beverage to the public. In the reports, the agency’s Public Relations Officer, Enforcement Operations, Mr. Anslem Okonkwor, said in a statement that “Mr. Ezeago is standing trial before the Court on a six-count charge bordering on unlawful production and distribution of unwholesome processed food”. The accused was said to have carried out the act in January at his residence, an offence that contravened Sections 1 (a), 5 (a) of the Counterfeit and Fake Drugs and Unwholesome processed foods (Miscellaneous Provision) Act cap C34, Laws of the Federation 2004 and it is punishable under Sections 3 (1) (a) and 17 of same Act.

Though Mr. Ezeago pleaded “not guilty” when the counts were read to him, this again brings to fore the hapless situation of Nigeria consumers-Who would rescue them? This call is against the backdrop that cases like the one above litter in our Courts across the country while our markets continue to be saturated with fake products, side by side original products, with impunity.

Ordinarily one ought to be happy with the above effort by NAFDAC, it is nevertheless disturbing that since January, 2015, I mean, since January, that Mr. Ezeago was allegedly discovered, seven months after, we are still grappling with his case in court. Though this manner of delay has become part of the “system”, it however shows the need for more seriousness in strengthening our institutions towards fast-tracking justice in protection of consumers.

Since January? Something is obviously wrong somewhere- this is similar to a case of a very bad hair-cut that throws up the query- “Is it the “clipper that is not sharp (good) or the barber that is not a skillful?”

It has been agreed in many fora that “laws” in Nigeria are not in short supply; the challenge obviously is the “lax implementation processes” which is believed to have been emboldening offenders, and creating pools of unscrupulous businessmen/women who no-longer see anything wrong in wrong. Would you blame them? After-all “if evil goes on unchallenged after a long time, it becomes a tradition”.

While reading above news, again, I wondered the effect of a fake “Alomo bitter” and other fake consumables “in” the body?

Every day of our lives we consume, use, or simply come in contact with countless different products, for different reasons and purposes; some genuinely presented to us, and some fraudulently presented to us as the best through “advertisement” and some “marketing mix”. Technological has even made our access to products and services easier. Many businesses, in order to maximize profits, exploit consumers, supplying defective, inferior and substandard goods and poor service at higher prices, and through some of their business practices include unethical and monopolistic trade practices, have exposed consumers to both physical, environmental and other hazards. 

The question remains-“who protects the “gullible” consumers from all these- spurious, duplicate and adulterated products, pollution of air, water and noise, and misleading advertising?”

Space will fail me to discuss the issue of faulty goods that are not accepted back by retailers/wholesalers who are usually not disposed to changing them, even with warrantees. What about the imbalance between consumers and sellers as regards bargaining power and informational control? What about the “terms and conditions (T&L)” that the consumers hardly have time to read before engaging the given products and services? 

Meanwhile, here are the some ways I think we can all take action towards consumer protection for the benefit of all:

•Business Discipline and Integrity- By this I mean businesses should not just be focusing on making profit; they should make consumer protection one of their sincere cardinal focuses. They should apply high ethical standards and discipline and shun unfair practices that could harm the consumers. Trade association needs to come up with ways to scrutinize the activities of their members in this regard.

•Consumer Discipline and Integrity: Consumers should do themselves good by getting knowledge of their rights and adequate information about any product or service that they are interested in. They should be committed to this. By so doing, no business would be able to take undue advantage of you because they know you know better. Also, consumers should come out clean with their complaints. Don’t try to take advantage of a bad situation by “padding” your claims with “lies”

•Consumers’ Unity: Consumers should form associations that would serve as formidable force against any unwholesomeness by products or services providers. With an association they can speak with one voice and stand against any “oppressiveness”.

•Government’s Seriousness: The government through the regulatory agencies, the judiciary and the legislatures should rise up to their responsibilities and work “stronger” towards making strict laws, and timely enforcement of the laws, against unscrupulous activities. This would amongst others create a sense of fear to unfair trade practices.

More needs to be said about the points highlighted above; however, working towards protection of consumers creates is a win-win situation for everybody- it leads to a healthy society and more efficient functioning of the market.  Consumers deserve protection against unsafe and harmful products, unfair trade practices, false advertising, abuse of monopoly power and environmental pollution because growth of business is not possible without their support and goodwill.

Three points by the side

Customer’s ombudsman of access bank- a good one

In the face of numerous complaints of bad service by some Nigerian banks, it is gratifying to know of Access Bank’s “Customer’s Ombudsman”.  The bank’s management must be commended for this initiative, for taking a proactive step towards customer satisfaction. For the records, the Customers’ Ombudsman initiative is a form of Alternative Dispute Resolution platform, though informal, aimed at mediating between the bank and “aggrieved” customers, towards reaching an amicable resolution over any complaint. Good work Access Bank for being the first Nigerian bank with this initiative; we trust other banks and organisations would follow suit.

Be part of “walk for service excellence”

In commemoration of this year’s International Customer Service Week this October, Trestle Media Africa, is organizing “Walk for Service Excellence” aimed at galvanizing businesses towards celebrating their staff and customers, while raising awareness towards environmental protection. This event according to the organizers promises to provide a veritable platform for brands and customers to connect in a convivial atmosphere. Be part of it!

Re: delta airline, please let’s avoid disaster now

I got some reactions to my story on the complaints by passengers of Delta Airlines using the Lagos-Atlanta route regarding what they termed as ”ill treatment” which included the use of Boeing 767-300ER. Part of the reactions I got tried to clarify that Boeing 767-300ER that the passengers alleged as old and only in use on Lagos-Atlanta route is also in use on the US-European routes. I don’t have problem with this. Also after that report, I found out that the management of Delta Airline is poised towards ensuring passengers’ safety and satisfaction. I however still think that the Federal Ministry of Aviation, the Nigerian Civil Aviation Authority (NCAA) and other relevant stakeholders should take the passengers’ complaints as a research “outcome” and to take action towards avoiding future complaints by air passengers. If not for anything, to avert disasters! 

Arinze Okamelu