Articulating Consumer’s Rights as Human Rights in Nigeria

Abstract

Consumer protection is usually premised on contract, negligence or criminal provisions of our laws. However, the scope of consumer protection under contract and the tort of negligence is quite limited. Under contract, the doctrine of privity of contract constitutes an impediment. Under the tort of negligence, the scope is wider but the consumer (plaintiff) must prove the three key elements of tort of negligence (duty of care, breach of the duty and consequential damage) to stand any chance of success. Besides, the absence of a legal structure of consumer protection in terms of a general code leaves the consumer at the mercy of disjointed rules and the discretion of the judge. On another look, it appears the protection of the consumer in Nigeria, and even in international law does not give adequate consideration to the rights of the consumer. Where it does, it puts the peg at second generation rights which are usually cumbersome to redress. The belief of this research is that there is a necessary nexus between the protection of the consumer and human rights. While not shifting the gaze from the Contract and Tort approaches of the courts, this work suggests that the law should explore the nexus between human rights and consumerism in the protection of the consumer. That way, it is reasoned that the bottlenecks may be broken. This research is a jurisprudential examination of the true relationship between the consumer and the Producer or service provider.  It is a shift in paradigm from the con-tort approach to a rights based approach. This work intends to initiate a new era in consumer protection while engendering a new estate in human rights. It is the work of a human rights activist focusing on consumer protection.

Keywords:             consumerism, human rights, consumer protection, consumer rights, rights based approach.