Making a Case for the Establishment of the Bayelsa State Consumers Protection Agency

Introduction

Consumer protection is a fundamental component of a fair and thriving economy. It ensures that individuals have access to quality goods and services, protects them from exploitation, and fosters trust in the marketplace. At the federal level, Nigeria has the Federal Competition and Consumer Protection Act (FCCPA) 2018, which established the Federal Competition and Consumer Protection Commission (FCCPC). While the FCCPC serves as the central authority for consumer protection, the unique socio-economic and environmental challenges of Bayelsa State necessitate a localized approach.

This paper argues for the establishment of the Bayelsa State Consumers Protection Agency (BSCPA) to address consumer-related grievances, enhance regulatory oversight, and promote economic fairness.

The Legal Basis for a State-Level Consumer Protection Agency

The FCCPA 2018 provides a framework for consumer protection across Nigeria. Key provisions relevant to the establishment of a state agency include:

1. Concurrent Legislative Powers:

Section 4(7) of the 1999 Constitution of Nigeria (as amended) permits states to make laws on matters not exclusively reserved for the federal government. Consumer protection falls under such concurrent powers.

Section 148 of the FCCPA empowers state governments to establish mechanisms to handle consumer disputes and protect rights in collaboration with the FCCPC.

2. Consumer Rights Enshrined in the FCCPA:

The right to goods and services of acceptable quality (Section 120).

The right to accurate information regarding products and services (Section 123).

The right to fair, equitable, and sustainable business practices (Section 125).

These provisions not only protect consumer interests but also encourage states to address localized challenges effectively.

Challenges Faced by Consumers in Bayelsa State

1. Substandard Goods and Services
The proliferation of substandard products and unethical business practices is a major concern in Bayelsa. For instance, adulterated petroleum products and expired goods are commonly sold in rural areas, endangering consumer health and safety.

2. Limited Awareness of Consumer Rights
A 2020 study by Okonkwo and Nwafor in the Nigerian Journal of Consumer Rights revealed that only 34% of Nigerians in rural areas were aware of their consumer rights. In Bayelsa, the lack of consumer education exacerbates exploitation, particularly in underserved communities.

3. Economic and Environmental Vulnerabilities
As an oil-producing state, Bayelsa faces significant environmental challenges, including pollution and degradation, which impact consumer health and livelihoods. While existing agencies like the Ministry of Environment address broader environmental concerns, a dedicated consumer protection agency would handle consumer-specific issues, such as hazardous goods or unfair trade practices linked to environmental harm.

The Role of the Bayelsa State Consumers Protection Agency

1. Consumer Advocacy and Education
In line with Section 123 of the FCCPA, the BSCPA would educate citizens on their rights and responsibilities as consumers. Public awareness campaigns, workshops, and partnerships with schools could significantly improve consumer literacy in the state.

2. Dispute Resolution and Redress
The BSCPA would act as a mediation body, offering swift resolution to disputes between consumers and businesses. Section 148 of the FCCPA encourages state-level mechanisms for handling complaints, ensuring quicker redress for consumers.

3. Regulatory Oversight and Enforcement
The agency would monitor trade practices within the state, ensuring compliance with relevant standards, such as the Standards Organisation of Nigeria Act 2015 and the Weights and Measures Act 2004. This includes verifying the accuracy of measurements and the quality of products sold in markets.

4. Partnerships with Existing Institutions
The BSCPA would work in collaboration with the FCCPC, the Ministry of Environment, and other relevant agencies to address overlapping concerns. MOUs can be established to ensure clarity in jurisdiction and avoid duplication of efforts.

Benefits of Establishing the BSCPA

1. Consumer Empowerment
A state-level agency would bridge the gap between consumers and regulators, empowering individuals to assert their rights confidently.

2. Economic Growth
Ensuring fair trade practices and reducing fraud would enhance business confidence, attract investments, and promote economic stability.

3. Improved Public Health and Safety
The BSCPA would ensure that hazardous products are removed from markets, safeguarding consumer health.

4. Environmental Accountability
While the agency’s focus would not overlap with the Ministry of Environment, it could address consumer complaints related to environmental hazards, such as the sale of contaminated food or water.

Comparative Success Stories

1. Lagos State Consumer Protection Agency (LASCOPA)
Established under the Lagos State Consumer Protection Law, LASCOPA has been effective in resolving consumer complaints, removing substandard goods from markets, and educating residents on their rights. Its success demonstrates the viability of state-level consumer protection agencies.

2. South Africa’s Consumer Protection Act 2008
South Africa’s decentralized model allows provinces to establish local offices for consumer protection. This has improved response times and tailored solutions for localized issues.

Legal and Structural Recommendations

1. Drafting Enabling Legislation
A bill for the establishment of the BSCPA should be presented to the Bayelsa State House of Assembly. This legislation should clearly outline the agency’s mandate, funding mechanisms, and operational scope.

2. Funding Sources

Budgetary allocation from the state government.

Revenue from fines, penalties, and service charges as permitted under Section 169 of the FCCPA.

3. Structure and Governance

A board of directors comprising representatives from relevant sectors (e.g., commerce, legal, consumer advocacy).

Operational units focused on education, enforcement, and dispute resolution.

4. Capacity Building
Staff should be trained on consumer rights laws, mediation techniques, and monitoring standards. Partnerships with the FCCPC and NGOs could enhance capacity.

Conclusion

The establishment of the Bayelsa State Consumers Protection Agency is not only a legal imperative but also a practical necessity. By addressing localized challenges, empowering consumers, and fostering fair trade practices, the BSCPA will contribute to the socio-economic development of Bayelsa State. Drawing from existing laws and best practices, the agency will provide a robust framework for safeguarding consumer interests while complementing federal efforts.

Bayelsa State should take immediate steps to establish this agency, ensuring a better quality of life for its residents and a more equitable economic environment.

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Barnabas McClint-Owei Ebiede writes in from Abuja. He is an experienced Corporate Communications professional and was Shoprite & Checkers pioneer Country Public Relations Manager in Nigeria (during which he was responsible for Customer service/experience in Shoprite nationwide).