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 ANYOGU & AGUBOSIM: A Critical Overview of the FederalCompetition and Consumer
ProtectionAct

A CRITICAL OVERVIEW OF THE FEDERAL COMPETITION

AND CONSUMER PROTECTION ACT*

Abstract
The establishment of Competition law is long overdue as the idea of Competition law unsuccessfully came up 17
years ago at the National Assembly. However in August 2015, The Federal Competition and Consumer
Protection Bill, 2015 gained legislative approval and was passed into law in February 2019 by President
Muhammadu Buhari. The Federal Competition and Consumer Protection Act 2018 repealed the Consumer
Protection Act, Cap. C25, Laws of the Federation of Nigeria 2004 and sections 118-128 of Investment and
Securities Act, Cap.124, LFN 2004. The objectives of the work are to analyze the Federal Competition
Consumer Protection Act and to do a critique of the Act. This research work used doctrinal method of legal
research and accordingly gathered data from primary and secondary sources of law, namely, legislations and
journal articles as well as internet sources respectively. It was found that the establishment of competition law
will enhance the economy of the country and build confidence in the heart of the investors; however there are
steps to be taken by the Commission in order to enhance the effectiveness of the Act. It is recommended that
there is need to amend some of the provisions of the Act in other to enhance the efficiency of the Act.

Keywords: Overview, Federal Competition and Consumer Protection Act, Competition, Consumer Protection,
Nigeria

1. Introduction:
The Federal Competition and Consumer Protection Act 2018 (FCCPA) which was passed into law by the
President of Nigeria is a welcome development, it repealed the Consumer Protection Act, Cap. C25, Laws of the
Federation of Nigeria 2004, sections 118-128 of Investment and Securities Act, Cap.124, LFN 2004. It
established the Federal Competition Consumer Protection Commission (FCCPC), for the administration of the
Act and regulation of economic activities while Competition and Consumer Protection Tribunal (CCPT) was
also established by the Act to handle issues and dispute arising from the Act. The Act was established to
promote and maintain competitive markets; economic efficiency; secure protection of consumers' interest;
prohibit restrictive or unfair business practices and contribute to the sustainable development of the Nigerian
economy.1 The Act applies to all undertaking and commercial activities in Nigeria by individuals, corporate
bodies and government agencies, it extends its applicability to conduct outside Nigeria by a Nigerian citizen or a
person that resides in Nigeria or a corporate body incorporated or carrying on business in Nigeria. 2 The aim of
this study is to do a critical review of the Federal Competition Consumer Protection Act. This research work
used doctrinal method of legal research and accordingly gathered data from primary and secondary sources of
law, namely, legislations and journal articles as well as internet sources.

2. Clarification of Terms
Consumer protection agencies are basically established in order to protect consumers against harmful and
exploitative practices of some producers, manufacturers and advertisers alike. The exercise is a tripartite affair
involving the consumer himself, the manufacturers/suppliers and the consumer protection agencies that play
regulatory role. Consequently the key concepts are discoursed below.

Competition Law
The word Competition has been defined as the rivalry between companies selling similar products and services
with the goal of achieving revenue, profit and market share growth. 3 Competition makes the companies to dig
deep into the actual needs and demands of the customers; it keeps companies on their toes to constantly innovate
and make their products better and also provide customers with option to choose from while shopping. A
healthy competition leads to investment in more marketing activities by different players, which eventually
increases the overall demand for the product in the market. ' Competition law is seen as a set of rules, disciplines
and judicial decision adopted and maintained by a government in relation to agreements between firms that

*By Felicia ANYOGU, PhD, BL, Professor of Law, Nnamdi Azikiwe University Awka, Anambra State. E-mail:
fanyogu@gmail.com. Phone No.: 08060224995, and
*Blessing C. AGUBOSIM, LLB, BL, LLM Candidate, Department of Commercial and Property Law, Nnamdi Azikiwe
University Awka, Anambra State. E-mail: blessedofthelord89@gmail.com. Phone No.: +2347030694061
i FCCPA 2018, s1.
2
FCCPA 2018, s2
3
What is Competition in Marketing < https://study.com/academy/lesson/what-is-competition-in-marketing-definition-types-
quiz.html> accessed on 21 August 2021.
4
Aashish Pahwa, 'Business Competiton: Definition, Types, Importance and Examples' <https://www.feedough.com/business-
competition/> accessed on 21 August 2021

Page 1 67
IRLJ 3 (3) 2021

restrict competition from other firms, including concentration or abuse of market power by private firms. It also
helps to minimize unnecessary government regulation and control of the market. 5 Competition law is seen as
the most vital instrument to encourage competition in the market place. It has an effect on static efficiency of
market outcome. This means that the introduction of competition in the market advances resource allocation,
and makes certain that the production of goods and services are done at a minimal cost, thereby fostering the
maximization of welfare at a particular point in time. It also improves dynamic efficiency of outcomes in the
market. This is seen as competition helps to bolster the entrepreneurial spirit and creativity of market
participants. It also pushes producers towards innovation and improvement of their products, creating technical
progress over time. 6 In Nigeria, after independence from Colonial Rule, the major sectors of the Nigerian
economy - power supply, telecommunications, aviation, petroleum, railway, radio, television, etc were
nationalized with monopolistic structures, sole ownership and control residing in the hands of the Government.
Unfortunately, these Government monopolies reportedly promoted large scale corruption and inefficiencies
which inhibited growth to the detriment of the entire Nigerian economy. The liberalisation and privatisation of
some sectors of the Nigerian economy, especially the telecommunications and broadcasting sectors, starting
from the 1990s, ushered in some competition from the private sector against previous public monopolies. The
legislations which liberalised some aspects of the Nigerian economy also tried to introduce some minimal
Antitrust and Consumer Protection Regulations. 7

Consumer
There has been series of discussions on the actual definition of the word 'consumer'. However, a consumer,
according to Akomolede and Oladele, is any person who purchases or is supplied goods, or uses or consumes
goods and services at the end of a chain of production. ' Two salient features can be pointed out from this
definition, first is that the consumer is a buyer and/or user of a product or service and the second is that the
consumer is a member (in fact, at the end) of the production chain. These features underscore the importance of
the consumer in both economics and marketing theories, that is, without the consumers there cannot be any basis
for production. 9 Chambers English Dictionary 10 simply defines a consumer as one who consumes; as oppose to
producer, one who used an article produced. The new Federal Competition and Consumer Protection Act, 2018
unlike the repealed Consumer Protection Act gave an elaborate definition of a consumer by including any
person who purchases or offer to purchase goods otherwise than for the purpose of resale but does not include a
person who purchases any goods for the purpose of using them in the production or manufacture of any other
goods or articles for sale; or to whom a service is rendered."

Consumer Protection
Consumer protection has been defined by different authors, some defined consumer protection as accomplished
by setting minimum quality specification and safety standard for both goods and services and establishing
mechanisms to redress their grievances while others defined consumer protection as the provision of appropriate
and effective mechanisms (in order) to protect the pecuniary, health, safety and security interests of all legal
persons against misleading, fraudulent and harmful business practices including manufacturing, trading,
packaging, advertising, distributing and selling of products (Goods and services) to ultimate consumer.1 2
Furthermore, consumer protection in its elaborate form refers to the liability of not only the
manufacturers/producers of goods and services but also retailers, wholesalers, distributors and other suppliers of
goods and services to persons who use or consume them.13 Consumer protection also refers to the act of
safeguarding the interests of the consumer in matters relating to the supply of goods and services." In Nigeria,
like in other parts of the world, consumer protection is the concept designed to protect consumers from
unscrupulous producers and service providers. It denotes the attempt by governments to provide regulatory
framework to protect and enforce the rights of people who pay for goods and services. Therefore, the Law of

'Antitrust and Competition Laws and Regulations in Nigeria,

<https://www.proshareng.com/articles/Proshare%20Law/Antitrust-and-Competition-Laws-and-Regulations-in-Nigeria-
/2816> accessed on 21 August 2021.
6
lbid
7Ibid.
8
KB Bello, Perspectives on Consumerism and Consumer Protection Act in Nigeria [2012] (4)(2222-2839) European Journal
of Business and Management 73-75 <https://www.iiste.org> accessed on 15 April 2021.
9 Ibid.
1 DS Schwarz and Tebbit, Chambers English Dictionary(W. R. Chambers Ltd. 7th ed. 1990)
1 FCCPA 2018, s167.
1
EC Uwadi, 'The Nigerian Federal Competition and Competition Protection Act 2019: Lessons from South
Africa'<https://www.afronomicslaw.org/2019/09/25/the-nigerian-federal-competition-and-competition-protection-act-2019-
lessons-from-south-africa/> accessed on 2 August 2021.
13 Ibid.
14
FN Monye, Law of Consumer Protection (Ibadan:Spectrum Books Ltd 2003). 19
.

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 ANYOGU & AGUBOSIM: A Critical Overview of the FederalCompetition and Consumer
ProtectionAct

Consumer protection has a two-fold purpose. On the one hand, it protects the interests, rights and safeties of end
user of products and services; and on the other hand, to the extent that it derives from and relates to contractual
transactions." The concept of consumer protection is generally used to classify measures that seek to ensure
that consumers are fairly treated and that their rights are protected in commercial transactions that involve the
supply of goods or services. 16 Consumers need protection because they are generally powerless; most of them
are semi illiterate and less sophisticated, while the producers are smart, powerful and employ the services of
sophisticated and aggressive trained marketers capable of selling anything to consumers.1 According to
Burdah18 he asserted that, a hundred year ago, consumer protection was largely unnecessary as most products
then were locally produced and there was personal relationship between the seller and the buyer. Any buyer who
had complaint was expected to directly go to the producer, furthermore, goods and products were not as
complex as today's, so it was easy to tell the standard from sub-standard. However, today in addition to the
complexity and lack of sufficient knowledge of handling the products, the consumer is thousands of kilometers
away from the manufacturer. The implication of this on the consumer is that he has no direct contact with the
producer and this will make it difficult for him to sue the producer.

3. Appraisal of the Federal Competition and Consumer Protection Act, 2018

The Federal Competition and Consumer Protection Act has made novel provisions which is commendable.
Some of this provisions will be discussed.

Federal Competition and Consumer Protection Commission

The Act established the Commission to be independent in carrying out its functions, powers, duties and
responsibilities conferred upon it. The Commission is a body corporate with perpetual succession and has its
headquarters at the Federal Capital Territory Abuja.19 The functions of the Commission as stipulated in section
17 of the Act can be summarised as follows:
i. Administration and enforcement of the provisions of the Act and any other enactment with
respect to competition and protection of consumers.
ii. Review of economic activities in Nigeria to identify anti-corruption, anti-consumer protection
and restrictive practices which may adversely affect the economic interest of consumers.
iii. Authorise, prohibit or approve mergers of which notice is received.
iv. Protect and promote consumers' interests.
v. Regulate means of removing hazardous goods and services, including controversial products
from the markets and cause offenders to replace same with safer and more appropriate
alternatives.
vi. Ensure that all imported goods are registered for traceability whenever the need arises. Ensure
that consumers' interest receive due consideration and provide a redress to obnoxious
practices or the unscrupulous exploitation of consumers by companies, firms, trade
associations or individuals.
vii. Ensure the adoption of appropriate measures to guarantee that goods and services are safe for
intended safe use.
viii. Ensure that all service providers comply with the local and international standards of quality
and safe service delivery
ix. Ensure that a violating company, firm, trade association, or individual compensates, provides
relief and safeguards to injured consumers from adverse effects of technologies that are
harmful, injurious, or highly hazardous. 20

The powers of the Commission stated in section 18 of the Act can be summarised to include:
i. Prevention of the circulation of goods or services which constitutes public hazard.
ii. Power to cause quality tests to be carried out on consumer goods as it deems necessary.
iii. Power to seal up any premises on reasonable suspicion that such premises contains or is being
used to produce goods or services that are fake or hazardous to the welfare of a consumer.

15 Op. cit. Uwadi 4.

16 Ibid.
1 Ibid.
18 Ibid.
19
FCCPA 2018, s3
20
E Aniekpeno, 'A General Overview of the Federal Competition and Consumer Protection Act 2018'
<https://www.manifieldsolicitors.com/2019/04/02/a-general-overview-of-the-federal-competition-and-consumer-protection-
act-2018/> accessed on 3 August 2021

Page 1 69
IRLJ 3 (3) 2021

iv. Power to make regulations relating to the charging and collection of fees, levies, fines and the
imposition of administrative penalties.
v. Power to compel manufacturers, suppliers, importers, wholesalers, retailers and other
undertakings where appropriate to certify that all standards are met in the production of goods
and services and give public notice of any health hazards associated with such manufactured
goods and services.21

Establishment of the Competition and Consumer Protection Tribunal

The Tribunal is established as a court that that will adjudicate over conducts prohibited under the Act and
exercise the jurisdiction, powers and authority conferred on it. It also hear appeals from the decision of the
Federal Competition and Consumer Commission, decisions from regulatory authorities and make orders or
rulings as may be required by the Act.22 For the Tribunal to have jurisdiction to review or hear appeal from any
regulatory authority, such matter must first be determined by the Federal Competition and Consumer Protection
Commission. 23 The decision of the Tribunal is enforced after the order, ruling, award or judgment have been
registered by the Federal High Court' and where a party is not satisfied with the judgment of the Tribunal, he
has right to appeal to the Court of Appeal.25 By virtue of section 47 of the FCCP Act which provides for the
jurisdiction of the tribunal, it appears that the Act conferred the tribunal with concurrent jurisdiction with the
Federal High Court and this runs contrary with the provisions of the Nigerian Constitution2 6 which confers on
the Federal High Court an exclusive jurisdiction in respect of civil matters arising from any Federal enactment
relating inter alia to commercial and industrial monopolies, standards of goods and commodities and industrial
standards. It looked as though the Competition and Consumer Protection Tribunal is taken more than it can
chew, however by virtue of registering its judgment, award, ruling at the Federal High Court in order to enforce
same, as though the judgment emanated from the Federal High Court. This means that the Act recognized the
jurisdiction of the Federal High Court. The Chairman and members of the Tribunal are appointed by the
Nigerian President, subject to the confirmation by the Senate. Both the Chairman and members of the Tribunal
shall serve a single term of 5 years or upon attainment of 70 years of age. 27 A member of the Tribunal can either
resign from office in accordance with the provisions of the Act and can be removed from office by the President
on account of gross misconduct, incapacity as a result of ill health or for failure to satisfy the requirements of
section 42 of the Act. 28 An action shall be commenced against any of the members of the Tribunal after the
expiration of 30 days after a written notice of intention to commence a suit have been served on the Tribunal for
any alleged neglect done in pursuance or execution of the provisions of the Act or any other enactment or any
public duty. 29 The FCCP Act holds out the Tribunal as a court of law and if this assertion is correct, it means
that the tenure of the members of the Tribunal should be elongated and judicial immunity granted unto them.

Prohibition of Agreements in Restraint of Competition

The Act prohibits any agreement among undertakings or association of undertakings that prevent or restrict
competition in any market. Such prohibited acts include; directly or indirectly fixing of purchase or selling price
of the goods, dividing the markets by allocating customers, suppliers or specific types of goods; engaging in
conclusive tendering and making the conclusion of an agreement subject to acceptance by the other parties of
supplementary obligations which is not subject of such agreement etc. 30 Some of the exceptions to prohibition
of agreement as provided in Section 68 of the Act are centered on collective bargaining, professional
association activities, partners etc, which are done in furtherance of the protection of the employees, members of
the association, partners etc.

Dominant Position
An undertaking is considered to be in a dominant position where he acts without taking account of the reaction
of its customers, consumers or competitors; where he enjoys a position of economic strength enabling it to
prevent effective competition being maintained on the relevant market and having the power to behave to an
appreciable extent independently of its competitors, customers or consumers.31 The Act prohibits abuse of

21 Ibid.
22
FCCPA 2018, s39(2)(3); 47(1)(a-d).
23
24
FCCPA 2018, s47(2).
FCCPA 2018, s54
25 FCCPA 2018, s55(1)
26 Constitution 1999, s251(f)
27
FCCPA 2018, s41
28 FCCPA 2018, s43
29 FCCPA 2018, s156 (2-4).
30
FCCPA 2018, s59.
31 FCCPA 2018, s70

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 ANYOGU & AGUBOSIM: A Critical Overview of the FederalCompetition and Consumer
ProtectionAct

dominant position as stated in section 72 of the Act and the consequences of such abuse and its punishment are
provided in sections 73-75 of the Act.

Monopoly
The Commission has the power to investigate a monopoly situation where it suspects that the supply of goods or
services or importation or exportation of any goods or services effects competition in any of the markets in
Nigeria. 2 Where monopoly is found to exist, the Commission shall consider the actions to be taken to remedy
or prevent any adverse effects resulting from a monopoly situation and make necessary recommendations to the
tribunal,33 which will make an order stipulated in section 86(3) of the Act as follows:
i. Declaration of the agreement is unlawful
ii. To require any party to the agreement to terminate the agreement within a specific time
iii. To require publication of prices of goods or services by the supplier
iv. To prohibit or restrict acquisition by any undertaking of the whole or part of another
undertaking. etc
Mergers
Before the FCCP Act was enacted, the issue of mergers and acquisitions were regulated by the Securities and
Exchange Commission (SEC) and was provided for in the Investment and Securities Act 2007(ISA 2007)34 and
the Securities and Exchange Commission Rules and Regulation 2013. By virtue of the FCCP Act, merger occurs
where one or more undertakings directly or indirectly acquire or establish direct or indirect control over the
whole or part of the business of another undertaking or where there is a purchase or lease of shares of another
undertaking or there is an amalgamation or combination with the other undertaking or where there is a joint
venture.35 Mergers were categorized into small and large mergers under the FCCP Act unlike the ISA 2007 that
divided mergers into small, intermediate and large mergers. Section 93 to 103 of the FCCP Act provides for
procedure for mergers.

4. Criticisms of the Federal Competition and Consumer Protection Act

It is important to state that the establishment of the Act is a welcomed development and must be applauded.
However this Act was modeled after the South African Competition law. There are issues that must be resolved
if the Act will be effective and the purpose of its enactment actualized.

Political Influence
Part XI of the Act made provision for price regulation and it vested on the President of the Federal Republic of
Nigeria the power to declare prices of goods and services in the Federal Gazette. Such power, ordinarily ought
to reside with the FCCPC and not the President, if it will be ensured that the Commission is freed from any
political influence. This provision is also inconsistent with the provisions of the Price Control Act 36 which gives
the Price Control Board to fix prices of commodities. Research has shown that government is not willing or uses
delay mechanism to frustrate decisions of economic importance where such decision will jeopardise their
political interest. There is need to insulate Nigeria Competition regime from undue political interference in its
enforcement as this may pose a challenge in the enforcement of the Act. The Global best practices in
competition regulation is that the competition authority is established as an independent, non-ministerial
department, subject only to the law of the land, like the South African Competition Commission and the UK's
Competition and Markets Authority. There is need to insulate the Commission from external influence of
political actors, as well as powerful multinational firms, that may threaten the independence of the FCCPC via
regulatory capture as is often the case of new competition authorities in developing countries.37

Statutory Powers of some Regulatory Agencies:

some provisions of the FCCPA clash with the statutory powers of some regulatory agencies like the Standards
Organisation of Nigeria in Sections 17(m) (u) (w) (y) and 18(1)(d) and (e)(i); the National Agency for Food and
Drug Administration and Control in Section 18 (1)(b)(d) and (e); Nigerian Customs Service in Section 17(q).
These other agencies whose mandate also includes consumer protection may consider the FCCPA to be
encroaching into their statutory provinces, where they have developed considerable expertise. This raises

32
FCCPA 2018, s76; 77.
33
FCCPA 2018, s84.
34 SEC 2007, s(98-122).
35
FCCPA 2018, s92.
36
Price Control Act, Cap P. 28 LFN 2004. s5
37
EC Uwadi, 'The Nigerian Federal Competition and Competition Protection Act 2019: Lessons from South Africa'
<https://www.afronomicslaw.org/2019/09/25/the-nigerian-federal-competition-and-competition-protection-act-019-lessons-
from-south-africa/> accessed 16 June 2021.

Page 1 71
IRLJ 3 (3) 2021

questions as to whether these agencies will respond favourably to any approaches to be made by the FCCPC to
them pursuant to the provisions of Section 105(4) Act. 38

Procedures for appeal to Competition and Consumer Protection Tribunal (CCPT)

The Act gave the Commission the power to adopt regulations specifying relevant procedures for appeal to
CCPT 39. This provision seems to subject the right of appeal on the decision of the FCCPC to the regulations
made by the same FCCPC, who will certainly be a respondent at the CCPT. The regulations for appeals
procedures to the CCPT ought not to be the responsibility of FCCPC whose decision is being appealed against,
as it may intentionally adopt complex appeal procedures while drafting of the regulations, which may
systematically foreclose aggrieved parties from having recourse to appeal, thereby technically rendering its
decision on some matters final, which I believe contravenes the purpose of the FCCPA. 40 For instance High
Court Rules, Court Appeal Rules etc are made by the appellate court and not the trial court.

Tenure of the members of the Tribunal

The Act provides that a member of the Tribunal shall hold office for the term of five years or upon the
attainment of 70 years of age. 41 The Act provision for a single tenured appointment of members of the tribunal
runs against the spirit of the draft man which holds out the tribunal as a Court. Experience has shown that the
older a judge is in a position, the more experienced he becomes. The tribunal is a special Court which requires
experts in competition and consumer protection law, commence and industry, public affairs, economics etc, and
should be given more years.

The CCPT as a Court of Law

Section 47 of the Act portrays the CCPT as a court of law and this runs contrary with the provision of the 1999
Constitution(as amended)4 2 which sets out the Superior Courts of Record in Nigeria and only gives the
National/State Assembly power to create inferior courts. Although the FCCPA does not specifically call the
Competition Tribunal a superior court of record, all indications from its provisions seem to submit that this is
the case. For Instance, section 55 provides that appeals from the Tribunal should go directly to the Court of
Appeal and based on this provision, one will imagine whether the National Assembly can in fact create such a
court in the absence of an amendment to Section 6 of the 1999 Constitution.4 3

Court of Appeal as the Appellant Court

The Act subjects the CCPT decision to an appeal to the Court of Appeal which is a regular Court and did not
mention whether the Appeal Court is the final court or whether an aggrieved party can further appeal to the
44
Supreme Court.

Supremacy of the Act

Section 104 of the FCCP Act provides "Notwithstanding the provisions of any other law but subject to the
provisions of the Constitution of the Federal Republic of Nigeria, in all matters relating to competition and
consumer protection, the provisions of the Act shall override the provisions of any other law". The above
provision is the supremacy clause which makes every other law in relation to competition law, with the
exception of the 1999 constitution, subject to the FCCP Act. The above provision seem to run contrary with the
Sections 105 of FCCP Act which recognizes regulatory agencies as having concurrent jurisdiction with the
Commission in matters that affect competition and consumer protection this seems to bring confusion in the eye
of the readers.

38
EC Uwadi, 'A Critique of the Nigerian Federal Competition and Consumer Protection Act 2019'
<https:/awards.concurrences.com/IMG/pdf/6._a_critiqueof_thenigerianfederal_competitionandconsumer_protection_
act_fccpa_2019.pdf?56899/14f2cc8aff6b5df460d0e9b4ad2e3d2ae0027829/> accessed 7 July 2021
39
FCCPA 2018, s38.
40 Ibid.

41 FCCPA 2018, s41.

42 Constitution 1999, s6.

43 OP Obioma, AR Dike, Analyzing the Prospects and Challenges in Implementing the Legal Framework for Competition
Regulation in Nigeria World Academy of Science [2021] (15)(4) Engineering and Technology InternationalJournalof Law
and PoliticalSciences 21
<file:///C:/Users/Blessing/Desktop/New%20folder%20(2)/MY%20THESIS%202/CORRECTED%20THESIS/analyzing-
the-prospects-and-challenges-in-implementing-the-legal-framework-for-competition-regulation-in-nigeria.pdf> accessed on
23 August 2021
44
FCCPA 2018, s55.

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 ANYOGU & AGUBOSIM: A Critical Overview of the FederalCompetition and Consumer
ProtectionAct

Judicial Immunity of the Tribunal

Section 156(2) of the Act which appears to accommodate suits being brought against members of the CCPT for any act done
in pursuance or default in the execution of the provisions of the FCCPA, provided the normal 3 month notice under the
Public Officers Protection Act is given.45 This appears to run against the understanding that the CCPT is a court of law. If
the CCPT is a court of law, then its members ought to enjoy full judicial immunity from litigation connected with the
performance of their functions. By retaining that provision in the manner it appears in the Act, the FCCPA has made away
with the longstanding principle of judicial immunity which protects judicial officers and employees from any liability
resulting from the performance of their statutory judicial functions.

Interpretation of the Word 'Court'

Section 167(1) of the Act gave the interpretation of the word Court to mean Court of Appeal without more and there are
several instances where the word 'Court' was mentioned which when given a proper interpretation will not mean Court of
Appeal.

Definition of the Word 'Consumer'

The Act defined consumer to include any person who purchases or offers to purchase goods for the purpose of resale but
does not include a person who purchases any goods for the purpose of using them in the production or manufacture of any
other goods or articles for sale or to whom a service is rendered. Although the Act took a step further in defining a consumer,
however its definition is restrictive in nature, the Act did not envisage a situation where a manufacturer purchases defective
raw materials, does it mean that the manufacture will have no remedy under the FCCPA?

Timeframe for Adjudication of Matters

The regular Courts having suffered delay in adjudication of matters in court, the Act did not in any way state a time frame
within which a matter will be heard in both for FCCPC and FCCPT, thereby making this special court to face the same
challenge of delay which the regular courts have been facing.

Typographical Errors
There are some typographical errors, conflicting provisions, and wrong placement of some sections of the act. This could
have been an oversight or clerical error. Whatever the case may be, it is expected that a legislation which took 17 years, and
passed through several review processes by the stakeholders, lawmakers and president before the latter appended his
signature should be error proof. 46 These errors are highlighted below:

a. Section 167(1) (b) in the interpretation section defines "Act" as Federal Competition and Consumer Protection Act
2017, while Section 168 provides that "This Act may be cited as the Federal Competition and Consumer
Protection Act 2018".47
b. Part XII under the arrangement of sections reads "Price Mergers" instead of "Mergers". This may have been a
result of copy and paste, as the preceding Part XI is "Price Regulation". Although this error does not reflect in the
body of the FCCPA in section 92, it is important for it to be corrected. 48
c. The marginal note of section 9 talks about emoluments of the members of FCCPC, however, the said section only
talks about vacancy in the board of FCCPC. Emolument is nevertheless found in Section 20(4). The same occurred
in section 19(1) which talks about the Executive Vice-Chairman of FCCPC while the marginal note refers to the
Secretary of the FCCPC which is found in Section 19(3).49
d. Section 48(5)(a) made reference to subsection (4), however, having reviewed the Act and compared it to that of
SA from which Nigeria adopted most of its FCCPA provisions, it is my humble view that the reference to
subsection (4) is erroneous and ought to be subsection (3).50

5. Conclusion
The enactment of the Competition Law is a welcome development which will enhance the economy of the Country.
However FCCPC needs to take some necessary steps like appointment of expect to hand both the Commission and the
Tribunal; curtailing of every form of political interference; harmonizing the statutory powers of regulatory agencies with that
of FCCPC; providing judicial immunity to the members of Tribunals to enable them carry out their functions without fear;
providing longer tenure for the members of tribunals; providing time frame within which matters will be heard in the FCCPC
and the Tribunal and in conclusion, there is need to amend some of the provisions of the Act in other to enhance the
efficiency of the Act.

45
EC Uwadi, Op Cit, 12
46 Ibid.
47 Ibid.
48 Ibid.
49 bid.
50
Ibid

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