JUDGMENT AGAINST THE CONSUMER PROTECTION COUNCIL (CPC)

As you are probably aware, your Association had instituted an action against the Consumer Protection Council (CPC) in Suit No.: FHC/L/CS/873/2015 to seek the Court’s declaration on whether:

• the provision of the Consumer Protection Council Act does empower the Defendant to register products and services in Nigeria.

• the CPC can rely on the provisions of Section 31 of the Consumer Protection Council Act, 2004 to make Regulations to empower itself to register products and services in Nigeria when the provisions of its Principal Act do not vest such powers on it.

• CPC’s reliance on regulations or policy to impose duty on members of NECA to register their goods and services are legal and within the powers conferred on the Council by its enabling Act. In the same vein, whether CPC possesses the powers of enforcement and sealing-up of the business premises of NECA’s members or initiate criminal proceedings against NECA’s members and/or appoint any agent to do so.

The matter was determined in Court on Friday, 7th July 2017. The Federal High Court ruled in favour of your Association and granted all the reliefs sought.

In the light of the foregoing, CPC’s imposition of compulsory registration on NECA members’ products and services with it is illegal, unlawful and not within the powers conferred on CPC under the Act. Furthermore, CPC and /or its Agents were also restrained from imposing/further imposing compulsory registration of NECA’s members’ goods and services with it and/or from further harassing, intimidating and/or sealing-up the offices of NECA’s  members on account of the non-registration of NECA’s members’ products and services with the CPC.

Thank you.

Yours faithfully 

O.A Oshinowo

Director General