Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, Tuesday, declared that Federal Competition and Consumer Protection Commission (FCCPC) remained a worthy safeguard against anti-competitive practices, consumer rights abuse, market distortions, and unfair business conducts that undermined consumer confidence and economic stability in the country.
Kekere-Ekun described the consumer rights agency as a critical institution for safeguarding the country’s business environment, and protecting the integrity of the marketplace.
She made the comments in her keynote address at the opening ceremony of a three-day Competition and Consumer Protection Law Conference, with the theme, “Addressing Legal and Adjudicatory Issues in Competition and Consumer Protection under the Federal Competition and Consumer Protection Act, 2018,” in Abuja.
Executive Vice Chairman/Chief Executive, FCCPC, Mr. Tunji Bello, said the role of the courts was critical in interpreting the provisions of the consumer protection framework for coherent and predictable competition jurisprudence in Nigeria.
The CJN stated that FCCPC occupied a pivotal position within the country’s regulatory architecture, with statutory authority responsible for enforcing competition and consumer protection laws.
She stated, “Across jurisdictions, competition and consumer protection law has rapidly evolved into one of the most dynamic and litigated fields of legal practice.”
According to the CJN, the increasing complexity of modern markets means that courts may witness a growing number of disputes involving competition law, regulatory enforcement, and consumer rights.
She stressed the importance of sustained engagement between regulatory institutions and the judiciary to ensure effective interpretation and enforcement of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
Kekere-Ekun said, “The competition mandate of the commission is directed at promoting fair, transparent, and efficient market structures that encourage innovation, productivity, and sustainable economic growth.
“At the same time, its consumer protection mandate ensures that individuals are shielded from exploitative practices across critical sectors of the economy, including the financial services sector, telecommunications, transportation, energy, healthcare, and pharmaceuticals.
“Given the breadth and importance of this mandate, the FCCPC necessarily occupies a strategic institutional space that requires vigilance, integrity, and proactive engagement with key stakeholders.”
She stressed, “Continuous dialogue and knowledge exchange between regulators and the judiciary are therefore, indispensable…
“Contemporary developments illustrate the growing complexity of the field.
“From the increasing prevalence of greenwashing litigation, which exposes regulatory gaps in industries such as fashion, travel, and retail, to regulatory challenges within digital markets and the rising demand for collective consumer redress through class actions, the global legal landscape is undergoing significant transformation.
“These developments have important implications for the judiciary. As the enforcement environment expands, courts may witness a substantial increase in the volume and complexity of cases arising from competition and consumer protection disputes.”
The CJN added, “This, in turn, has the potential to exert additional pressure on already demanding judicial dockets.
“Within the framework of the Federal Competition and Consumer Protection Act, it is noteworthy that while Section 146(1) provides for administrative mechanisms for resolving consumer complaints, Section 146(2) allows consumers to approach the courts directly without first exhausting these administrative remedies.
“This legislative design underscores the importance of judicial readiness to address disputes arising under the Act.”
She stated, “I must emphasise, however, that this observation should not be interpreted as suggesting any reluctance on the part of the courts to discharge their adjudicatory responsibilities.
“On the contrary, the Nigerian judiciary has consistently demonstrated its commitment to the protection of consumer rights and the preservation of market integrity through principled and well-reasoned judicial decisions.”
She said, “Nonetheless, experience from other jurisdictions suggests that the strategic deployment of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) mechanisms can significantly enhance the efficiency of consumer protection regimes.
“These mechanisms facilitate the timely and cost-effective resolution of disputes, thereby reducing the burden on courts while improving access to justice for consumers.
“While the FCCPA contains provisions that may support the use of ADR mechanisms, particularly when Sections 146, 151(1)(e), and 153 are read together, there is merit in exploring more deliberate institutional frameworks that prioritise these alternatives as complementary tools within the dispute resolution ecosystem.”
In his remarks, Bello pointed out that the judiciary performed the essential function of ensuring that administrative and regulatory powers were exercised in accordance with the law.
He said judicial review and interpretation, therefore, provided the institutional safeguards that sustained both regulatory legitimacy and public confidence in the rule of law.
He stressed that as markets continued to evolve, the interaction between economic regulation and judicial oversight will become increasingly significant.
Bello stated that the development of clear and principled jurisprudence in competition and consumer protection law will also help to shape market behaviour, strengthen investor confidence, and protect the welfare of Nigerian consumers.
The FCCPC boss observed that modern markets operated in a rapidly changing environment, adding that technological innovation, digital commerce, cross-border transactions, and increasingly complex corporate structures continue to reshape how markets function.
He said, “These developments raise new legal and economic questions relating to market dominance, restrictive agreements, price fixing, unfair trade practices and the protection of consumer rights.
“In recent years, regulators and courts in Nigeria have encountered a growing number of disputes arising from evolving market practices across several sectors of the economy.
“Many of these matters involve complex factual records, economic evidence and questions concerning the interaction between general competition law and sector-specific regulatory frameworks.
“As these cases increasingly come before the courts, judicial interpretation plays an important role in shaping the evolving jurisprudence that governs market conduct and consumer protection in Nigeria.”
Bello added, “Nigeria operates a market-based economic system in which prices are largely determined by market forces. At the same time, the law provides mechanisms for examining market conduct where concerns arise regarding competition, consumer welfare or unfair commercial practices.”
He said, “Competition law frequently requires courts to consider detailed economic evidence, market structures and evolving business practices. Courts are often required to assess expert testimony, economic analysis and market data in determining whether particular conduct restricts competition or harms consumer welfare.
“It is, therefore important, that judicial officers remain well equipped to approach these issues with clarity and confidence. Programmes such as this provide an opportunity to strengthen institutional understanding of the legal and economic principles that underpin competition and consumer protection law.”
James Emejo
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