CONSUMER PROTECTION AGENCY LAW
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CONSUMER PROTECTION AGENCY LAW
ARRANGEMENT OF SECTIONS
1. Interpretation
2. Establishment of the Lagos State Consumer Protection Agency
3. Establishment and Composition of the Governing Board of the Agency
4. Objectives of the Agency
5. Functions of the Agency
6. Tenure of Office of Members of the Board
7. Remunerations and Allowances of the Board
8. Removal of a Member of the Board
9. Meetings and Proceedings of the Board
10. Quorum
11. Voting
12. Consumer Protection Offices in Local Government Areas
13. Liability for Defective Products
14. Complaint to the Agency
15. Procedure on Receipt of Complaint
16. Findings of the Agency
17. Transfer of Complaints
18. Liability for Offences by Bodies Corporate
19. Prohibition on Exclusion from Liability
20. Compliance Notices
21. Limitation Period
22. The General Manager and other Staff of the Agency
23. Executive Secretary of the Agency
24. Pensionable Service
25. Inspection Officers
26. Power to Enter Search and Seize
27. Emergency Order Affecting Supply of a Product
28. Return of Goods
29. Enforcement of Orders of the Agency
30. Service of Notices
31. Protection of Action Taken in Good Faith
32. Vacancy or Defect in Appointment not to Invalidate Proceeding. etc.
33. Power to Co-opt
34. Power to make Regulations
35. Power to give Directives
36. Right of Action
37. Fines and Penalties
38. Convicted Persons liable for Costs and Expenses of Proceedings and Investigation
39. Convicted Traders Liable to Compensate Consumers for Loss or Damage
40. Court may Order Convicted Person to Publish Corrective Statement
41. Summary Trial of Persons Indicted
42. Financial Provisions
43. Agency may Publish Information Concerning certain Persons
44. Power to Accept Gifts
45. Account and Audit
46. Annual Reports and Estimates
47. Savings for other Rights of the Consumer
48. Repeal
49. Citation and Commencement
CHAPTER C13
CONSUMER PROTECTION AGENCY LAW
A LAW TO ESTABLISH THE LAGOS STATE CONSUMER PROTECTION AGENCY, PROVIDE FOR THE PROTECTION OF THE INTEREST OF CONSUMERS, SETTLEMENT OF CONSUMER DISPUTES AND FOR CONNECTED PURPOSES
[Commencement] THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. Interpretation
In this Law, unless the context otherwise requires:
“Authorized Laboratory” means any laboratory or organization established by or under any Law for the time being in force which is maintained, financed and aided by the State Government or Federal Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect;
“Complainant” means a Consumer or any voluntary consumer association registered under the Companies and Allied Matters Act or under any other Law for the time being in force in the State or a Federal Act who makes a complaint, or one or more consumers where there are numerous consumers having the same interest or in the case of death of a consumer, his legal heir or representative, it also include—
(i) any person who buys any goods for a consideration which has been paid, provided or partly paid or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid, partly paid or under any system of deferred payment when such use is made with the approval of such person but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid, promised, partly paid, or under any system of deferred payment and includes any beneficiary of such services other than the persons who (hires or avails of) the services for consideration paid or promised, or partly paid, or under any system of deferred payment, when services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose);
“Complaint” means any allegation in writing made by a Consumer or generated by the Agency or any of its offices;
“Commercial Purpose” means goods and services availed by a trader exclusively for the purpose of earning his livelihood;
“Consumer Dispute” means a dispute where the person against whom a complaint has been made denies or disputes the allegation contained in the complaint;
“Commissioner” means the Commissioner for Commerce and Industry in Lagos State;
“Damage” means death, personal injury, any loss of or damage to any property and includes economic loss;
“Goods” means goods as defined in the Sale of Goods Law Cap.52, LLS 2003;
“High Court” means the High Court of Lagos State;
“Local Government Area” includes Local Council Development Area;
“Person” includes anybody or person, Corporate or incorporate;
“State” means Lagos State of Nigeria;
“Trader” in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof and where such goods are sold or distributed in package, it also includes the packaging firm or company;
“Unfair Trade Practice” means—a trade practice which, for the purpose of promoting sale, supply of any goods or for the provision of any service adopts any unfair method or deceptive practice.
2. Establishment of the Lagos State Consumer Protection Agency
(1) There is established under this Law an Agency known as the Lagos State Consumer Protection Agency (referred to in this Law as “the Agency”).
(2) The Agency shall be a body corporate with perpetual succession and a common seal.
(3) It shall have the power to sue and be sued in its corporate name.
(4) It may acquire, hold and dispose of property whether moveable or immovable for the purpose of exercising its functions under this Law.
3. Establishment and Composition of the Governing Board of the Agency
(1) There is established for the Agency a Governing Board (referred to in this Law as ―the Board‖) which shall be responsible for the administration of the Agency.
(2) The Board shall consist of the following—
(a) a Chairman who shall be:
(i) appointed by the Governor on the recommendation of the Commissioner;
(ii) a person of proven ability and integrity, having adequate knowledge and experience of at least fifteen (15) years in a relevant field or profession;
(b) the General Manager of the Agency who shall be a legal practitioner of not less than fifteen (15) years post call;
(c) a representative of the following Ministries not below GL.15—
(i) Health;
(ii) Commerce and Industry;
(iii) Justice; and
(iv) Science and Technology.
(d) a representative of the following:
(i) the Lagos Chamber of Commerce and Industry;
(ii) the Manufacturers’ Association of Nigeria (MAN); and
(iii) the Standard Organization of Nigeria (SON);
(e) two (2) representatives of recognized private sector organizations; and
(f) the Secretary to the Agency.
4. Objectives of the Agency
The objectives of the Agency shall be to promote and protect the rights of the consumer which include but not limited to—
(a) the right to be protected against marketing of goods and services which are hazardous to life;
(b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods and services as the case may be so as to protect the consumers against unfair trade practices;
(c) the right to seek redress against unfair trade practices or unscrupulous exploitation of consumers;
(d) the right to be heard and assured that the interest of consumers will receive due consideration at appropriate fora; and
(e) the right to consumer education and awareness.
5. Functions of the Agency
The Agency shall—
(a) ensure speedy redress of consumer complaints through negotiation, mediation or conciliation;
(b) advise the State on consumer protection policies;
(c) ensure the replacement of hazardous products with safe products and seek ways and means of eliminating hazardous products from the market in conjunction with the relevant government Agencies;
(d) initiate investigation in its own name whether upon the receipt of a complaint or not;
(e) publish the list of products, the consumption and sale of which have been banned, withdrawn, restricted or not approved by the appropriate Federal Government Agencies;
(f) cause an offending company, firm, trade association or individual to compensate or provide relief to injured consumers or communities as a result of adverse effects of harmful products;
(g) organize and undertake campaigns, lectures, seminars or other forms of activities that may lead to increased public consumer awareness, enlightenments and conduct public information campaigns for the purpose of educating and advising consumers in relations to consumer protections and welfare;
(h) encourage trade, industry and professional associations to develop and enforce in their various fields, quality standards designed to safeguard the interest of consumers;
(i) encourage the formation of voluntary consumer groups or associations for the interest of the consumers;
(j) cause where necessary quality tests to be conducted on a consumer product; and
(k) apply to Court to prevent the circulation of any product which constitutes an imminent public hazard, enforce and protect the right of consumers, or seek relief or compensation for injured consumers where negotiation, conciliation or mediation fails.
6. Tenure of Office of Members of the Board
Members of the Board shall be appointed by the Governor and shall with the exception of the ex-officio members hold office for a period of three (3) years provided that the members may be eligible for re-appointment for a further term of three (3) years.
7. Remunerations and Allowances of the Board
Members of the Board shall be paid such remunerations and allowances as may be approved by the Governor.
8. Removal of a Member of the Board
A member of the Board may be removed from office if he—
(a) has been convicted of an offence which involves moral turpitude;
(b) is an undischarged bankrupt;
(c) is of unsound mind or has been so declared by a competent Court;
(d) has been removed or dismissed from the service of the Government or a body corporate;
(e) in the opinion of the Governor it is not in the interest of the State for such member to continue in office; or
(f) resigns the appointment by a letter signed and addressed to the Governor.
9. Meetings and Proceedings of the Board
(1) The Board shall hold its meetings as frequently as may be necessary for the performance of its functions but not less than six times in a year.
(2) The Chairman shall preside at every meeting of the Board and when absent any member so appointed by the members present shall preside.
(3) Subject to the provisions of this Law, the proceedings of the Board shall be regulated by standing orders.
10. Quorum
The quorum for a meeting of the Board shall be one third (1/3) of its members.
11. Voting
(1) A member of the Board shall be entitled to one vote and a decision of the Board shall be by majority vote of the members present and voting at the meeting.
(2) Where there is equality of votes at a meeting, the Chairman or any member presiding at such meeting shall have a casting vote.
12. Consumer Protection Offices in Local Government Areas
The Agency shall have an Office in every Local Government Area.
13. Liability for Defective Products
(1) Where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) applies shall be liable for the damage caused.
(2) This Section applies to—
(a) the producer of the product;
(b) any person who, by putting his name on the product or using a trade mark or other distinguished mark in relation to the product, has held himself out to be the producer of the product; or
(c) any person who has imported the product into the State, in the course of any business, in order to supply it to another.
14. Complaint to the Agency
(1) A complaint in relation to any goods sold or delivered, agreed to be sold or delivered or any service provided or agreed to be provided may be filed with the Agency by—
(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
(b) any recognized consumer association whether the consumer to whom the goods are sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such Association or not; or
(c) one or more consumers, where there are numerous consumers having the same interest, on behalf of, or for the benefit of, all consumers so interested; or
(d) the State Government or Local Government as the case may be, either in its individual capacity or as a representative of the interest of the consumers in general:
Provided that nothing in this subsection shall preclude the Agency on its own motion from acting on acts contrary to the provisions of this Law.
(2) On receipt of a complaint made under subsection (1) of this section, the Agency may allow the complaint to be proceeded with or be rejected within seven days from the date of the receipt of the complaint provided that a complaint may not be rejected under this subsection unless an opportunity of being heard has been given to the complainant.
(3) A complaint dealt with by the Agency may be taken to a Court of Law if either of the parties is not satisfied with the decision of the Agency.
15. Procedure on Receipt of Complaint
(1) The Agency on receipt of a complaint, relating to goods shall—
(a) refer a copy of the complaint to the person against whom the complaint is made, directing him to state his case within a period of fourteen (14) days or such extended period not exceeding seven (7) days;
(b) settle the consumer dispute in the manner specified in this Law where the person complaint against –
(i) denies or disputes the allegations;
(ii) omits or fails to take any action to represent his case within the time given.;
(c) where the complaint relating to the defects in the goods without proper analysis or test it shall –
(i) obtain a sample of the goods from the complainant;
(ii) seal and authenticate it in the manner prescribed;
(iii) refer the sample so sealed to the appropriate laboratory for analysis and report its findings to the Agency within a period of thirty (30) days of the receipt of the reference.
(d) before any sample of the goods referred to is sent to any appropriate laboratory under paragraph (c), the complainant shall deposit to the credit of the Agency such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;
(e) remit the amount deposited to its credit under paragraph (d) to the appropriate laboratory to enable it carry out the analysis or test mentioned in paragraph (c), and on receipt of the report from the appropriate laboratory shall forward a copy of the report with such remarks as it may feel appropriate to the person complained against;
(f) if any of the parties disputes the findings of the appropriate laboratory, or disputes the methods of analysis adopted by the appropriate laboratory, the Agency shall require the person complained against or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory; and
(g) give a reasonable opportunity to both parties of being heard as to the findings of the report made by the appropriate laboratory and also as to the objection made in relation thereto under paragraph (f) and issue an appropriate Order under Section 16.
(2) Agency shall, if the complaint received by it under section 14 relates to goods in respect of which the procedure specified in subsection (1) of this Section cannot be followed, or if the complaint relates to any service:
(a) refer a copy of such complaint to the person complained against directing him to state his case within a period of fourteen (14) days or such extended period not exceeding seven (7) days;
(b) where the person complained against on receipt of a copy of the complaint referred to him under paragraph (a)—
(i) denies or disputes the allegations contained in the complaint, or
(ii) fails to take any action to represent his case within the time given by the Agency.
The Agency shall proceed to settle the consumer dispute on the basis of the evidence brought to its notice by the complainant.
(3) For purposes of this Section, the Agency shall have the power to—
(i) summon and enforce the attendance of any person complained against or a witness;
(ii) request the production of any document or movable material or object as evidence;
(iii) visit the venue of any evidence which is immovable;
(iv) request the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
(v) pay any commission for the examination of any witness; and
(vi) do such other things as may be necessary for effectively carrying out its functions under this Law.
16. Findings of the Agency
If after the proceedings conducted under Section 15, the Agency if satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proven, it shall issue an Order to the person complained against directing him to do one or more of the following things—
(a) remove the defect pointed out by the appropriate laboratory from the goods in question;
(b) replace the goods with new goods of similar description which shall be free from any defect;
(c) return to the complainant the price, or, as the case may be, the charges paid by the complainant for services;
(d) pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the person complained against;
(e) remove the defects or deficiencies in the services in question;
(f) discontinue the unfair or restrictive trade practices and not to repeat them;
(g) not to offer the hazardous goods for sale;
(h) withdraw the hazardous goods from being offered for sale; and
(i) provide adequate compensation to the complainant.
17. Transfer of Complaints
On the application of the complainant or of its own motion based on section 14(2) of this Law, the Agency may at any time in the interest of justice transfer any complaint pending before any of its Offices to the Agency.
18. Liability for Offences by Bodies Corporate
(1) If an offence under this Law is committed by a body corporate and is proven to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of any person being a director, manager, secretary or any other officer of the body corporate or a person purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if that person commits the first mentioned offence.
(2) If in a prosecution for an offence against the person referred to in subsection (1), it is proven that, at the material time, the person was a director of the body corporate or an employee of it whose duties included making decisions which, to a significant extent, could have affected the management of the body corporate, or a person who purported to act in any such capacity, it shall be presumed, that the person consented to the doing of the acts or defaults that constitute the offence until the contrary is proven.
(3) Subsection (2) shall be read as placing on the person referred to in that subsection an evidential burden only with respect to the matter(s) concerned.
(4) If the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts or defaults of a member in connection with the member’s functions of management as if that member were a director or manager of the body corporate.
(5) If a body corporate commits an offence under this Law, an employee, officer, director or agent of the body corporate who authorises, permits or acquiesces in the commission of the offence also commits an offence, whether or not the body corporate is prosecuted for the offence.
(6) In a prosecution for an offence under this Law, it is sufficient proof of the offence to establish that it was committed by an employee, officer, director or agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.
19. Prohibition on Exclusion from Liability
The liability of a person by virtue of this Law to a person who has suffered damage caused wholly or partly by a defect in a product, or to a dependant or relative of such a person, shall not be limited or excluded by any contract term, notice, or any other provision.
20. Compliance Notices
(1) An Inspection Officer of the Agency who is of the opinion that a person is committing or engaging in, or has committed or engaged in, a prohibited act or practice or is contravening or has contravened any provision of t h i s Law may serve, personally or by post, a compliance notice on that person.
(2) A compliance notice shall be signed and dated by the authorized officer and shall—
(a) contain a statement of the alleged contravention (identifying the provisions of this Law), the opinion referred to in subsection (1) and the reasons for that opinion;
(b) direct the person to remedy the contravention or the matters occasioning that notice, including any other requirement that the authorized officer considers appropriate in order to remedy the contravention or matter the compliance direction and requirements; and
(c) specify the date by which the person is to comply with the compliance direction and requirement.
(3) A person commits an offence who, without reasonable excuse, fails to comply with compliance direction or requirement specified in a compliance notice and, on summary conviction, is liable to the fines and penalties provided under this Law;
(4) Withdrawal of a compliance notice under subsection (3) does not prevent the service of another compliance notice, whether in respect of the same matter or a different matter;
(5) If a compliance notice takes effect in accordance with this Section, the Agency may publish the compliance notice, or cause it to be published, in any form or manner the Agency considers appropriate;
(6) Nothing in this section prevents the commencement of proceedings for an offence.
21. Limitation Period
The Agency shall not admit a complaint unless it is filed within six months from the date on which the cause of action has arisen unless the complainant shows sufficient cause for not filing the complaint within the stipulated period.
22. The General Manager and other Staff of the Agency
(1) There shall be appointed by the Board subject to the approval of the Governor, a General Manager for the Agency who shall not be less than a Deputy Director cadre in the Lagos State Civil Service and shall possess such relevant academic qualification and practical experience for the performance of his duties under this Law.
(2) The General Manager shall be—
(a) the Chief Executive Officer of the Agency;
(b) responsible for the execution of the policies of the Agency and the day to day running of its affairs; and
(c) perform such other functions as may be assigned to him by the Board.
(3) Subject to the provisions of this Law and the rules as to secondment of Officers within the Public Service, the Agency may appoint other staff to assist the General Manager in the discharge of his functions under this Law.
(4) The General Manager and other staff of the Agency shall hold office on such terms and conditions as may be specified in their letters of appointment.
23. Secretary of the Agency
(1) The Secretary to the Agency shall be—
(a) a Legal Practitioner of not less than ten (10) years post call experience to be appointed by the Governor on the recommendation of the Attorney-General;
(b) the head of the legal team of the Agency;
(c) responsible for arranging meetings and serving all notices required to be served under this Law; and
(d) performing such other duties as may be assigned to him by the General Manager.
24. Pensionable Service
(1) Service in the Agency shall be pensionable under the Pensions Law 2007 and accordingly, employees of the Agency shall in respect of their services be entitled to such pensions and other retirement benefits as are prescribed.
(2) Notwithstanding the provisions of subsection (1) of this Section, nothing contained in this Law shall prevent the appointment of a person to any office on terms which preclude the grant of a pension in respect of that office.
25. Inspection Officers
(1) The Agency may designate as an inspector such number of its staff as it deems fit who possess such qualification as may be required for performing the functions that may be prescribed by the Board.
(2) The Agency shall issue to every designated Officer a certificate of designation and identification showing his names, position and such other information that the person is a staff of the Agency.
26. Power to Enter Search and Seize
(1) An Inspection Officer may in the cause of his duty at any reasonable time and upon the production of the certificate of designation if required—
(a) enter any premises for the purposes of conducting an investigation;
(b) examine or take samples or specimen of any good or product;
(c) open and examine, whilst on the premises, any container or package which he reasonably believes may assist him in his investigation;
(d) examine any book, document or other records found on the premises which he reasonably believes may contain an information relevant to the enforcement of this Law or any regulation made under this Law and make copies; and
(e) seize and detain specimen or sample already taken until the conclusion of the investigation by the Agency.
(2) The owner or person in charge of any premises entered into by an Inspection Officer in accordance with this Section and every other person found therein shall give all reasonable assistance to the inspection officer.
27. Emergency Order Affecting Supply of a Product
(1) If the Governor on the advice of the Agency is of the opinion that abnormal, harmful or hazardous circumstances prevail or are likely to prevail in relation to the supply of a product, the Governor may by an Emergency Order—
(a) declare that a state-wide emergency affecting the supply of a product exists;
(b) direct the trader and the public as to the treatment of that product during the life of the Emergency Order; and
(c) direct the Commissioner in charge of Health to take such steps as are appropriate in the circumstances.
(2) An Emergency Order may relate to one or more products and may define the products in such manner as the Governor thinks fit.
(3) Unless the term of an Emergency Order is extended under subsection (4) or (5) or the Order is revoked, an Emergency Order —
(a) remains in force for such term, not exceeding six (6) months from the date that the Order is made or for a term specified in the Order; and
(b) expires at the end of the last day of the term specified.
(4) Subject to subsection (5), if an Emergency Order is in force (―Principal Order‖) and the Governor is of the opinion that abnormal circumstances continue to prevail in relation to the supply of a product to which the Order relates, the Governor may make an extension Order in relation to that product extending the term of the Principal Order as it relates to that product for a period not exceeding six (6) months from the date that the extension Order is made.
(5) If during the extended term under subsection (4), the Governor is of the opinion that abnormal circumstances continue to prevail in relation to the supply of the product to which the extension Order relates, the Governor may make only one more Order, a final extension Order, in relation to that product extending the term of the Principal Order as it relates to that product for a period not exceeding six (6) months from the date that the final extension Order is made.
28. Return of Goods
Specimen or sample of goods seized shall be kept or stored in a place designated by the Agency and shall be returned to the owner or the person from whom it was seized if the article or goods upon analysis or examination is found not to have contravened the provisions of this Law or any other Law.
29. Enforcement of Orders of the Agency
(1) Where an Order of the Agency set up for the purposes of this Law is not complied with, the Agency may apply to the High Court to enforce such Order.
(2) Any person aggrieved by an Order made by the Agency may prefer an appeal against such Order to the High Court within thirty (30) days from the date of the Order; provided that an appeal filed out of time may be entertained if the Court is satisfied there is sufficient cause for filing out of time.
(3) The rules of Civil Procedure applicable in the High Court shall apply to all applications or proceedings brought in accordance with the provisions of this Section.
(4) For the purposes of this Section, the Governor may direct the Chief Judge of the State to designate such number of Courts as he may deem fit, as Consumer Courts.
30. Service of Notices
(1) The service of notices may be made by delivery or transmitting a copy by registered post duly addressed to the opposite party against whom complaint is made or by such courier service as approved by the Agency.
(2) A notice shall be deemed to have been duly served where an acknowledgement or any receipt purporting to be signed by the opposite party or his agent or the complainant is received by the Agency or a postal article containing the notice received with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the opposite party or his agent or complainant has refused to take delivery of the postal article containing the notice.
(3) All notices required to be served on an opposite party or to the complainant shall be deemed to be sufficiently served if addressed in the case of the opposite party to the place where business or profession is carried out or in the case of the complainant, the place where such person actually resides.
31. Protection of Action Taken in Good Faith
Prosecution or other legal proceedings shall not lie against the members of the Agency or any Officer or person acting under the direction of the Agency for any act done or intended to be done in good faith for the purposes of executing the provisions of this Law or of any rule or Order made.
32. Vacancy or Defect in Appointment not to Invalidate Proceeding. etc.
An act or proceeding of the Agency shall not be invalidated by reason only of the existence of any vacancy amongst its members or any defect in the appointments.
33. Power to Co-opt
The Agency shall have power to co-opt from amongst the professional staff of the Agency and or the Civil Service or any other person into any Committee for the purposes of carrying out its functions under the provisions of this Law.
34. Power to make Regulations
(1) The Commissioner may make regulations in accordance with Regulations Approval Law to provide for all matters which is necessary or expedient for the purpose of giving effect to the provisions of this Law.
(2) Without prejudice to the generality of the foregoing such regulation may provide for-
(a) forms to be used;
(b) fees to be paid; and
(c) procedure to be followed in disposing complaints in accordance with the provision of this Law.
35. Power to give Directives
The Governor may give to the Agency directives of a general nature with regard to the exercise of its functions under this Law and the Agency shall comply with such directives.
36. Right of Action
The Agency or any person authorized by it may institute on behalf of a consumer or a class of consumers a civil action for remedies with respect to an act or practice found to be defective under this Law or for any damage suffered by such consumers or class of consumers arising from any defect in a product under the provisions of this Law.
37. Fines and Penalties
(1) A person who commits an offence under this Law is liable on conviction to the following fines and penalties—
(a) on a first conviction, to a fine not exceeding Five Hundred Thousand Naira (₦500,000.00) or imprisonment for a term not exceeding three (3) months or both; and
(b) on any subsequent conviction for the same offence or any other offence under this Law, to a fine not less than Seven Hundred and Fifty Thousand Naira (₦750,000.00) or imprisonment for a term not less than six (6) months or both.
(2) If after being convicted of an offence, the person referred to in subsection (1) continues to contravene the requirement or prohibition to which the offence relates, the person is guilty of a further offence on each day that the contravention continues and shall be liable to pay a fine of Twenty Thousand Naira (₦20,000.00) for each day the offence is committed.
(3) In considering an appropriate penalty under this Section for a trader convicted of an offence under this Law with respect to any defective act or commercial practice, the Court may take into consideration any advertisement published by or on behalf of the trader containing corrective statements to remedy the defective act or practice in respect of which the trader is convicted.
38. Convicted Persons liable for Costs and Expenses of Proceedings and Investigation
(1) On convicting a person of an offence under this Law, the Court shall, unless satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency the costs and expenses, measured by the Court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence.
(2) An Order for costs and expenses under subsection (1) shall be in addition to any fine or penalty the Court may impose.
39. Convicted Traders Liable to Compensate Consumers for Loss or Damage
(1) If a trader is convicted of an offence under this Law, the Agency may, on behalf of an aggrieved consumer who consents to the application, apply to the Court for a compensation Order requiring the trader concerned to pay an amount of money the Court considers as appropriate compensation in respect of any loss or damage to that consumer resulting from that offence.
(2) A compensation Order may be made instead of or in addition to any fine or penalty the Court may impose on the trader concerned.
(3) The compensation payable under a compensation Order shall—
(a) be of such amount as the Court considers appropriate (though not exceeding the amount set by Law as the limit of the Court’s jurisdiction in tort, if payable), having regard to any evidence and to any submission made by or on behalf of the trader concerned, the aggrieved consumer, the Agency or the prosecutor; and
(b) not exceed the amount of the damages that, in the opinion of the Court, the aggrieved consumer would be entitled to cover in an action with respect to a consumer’s right of action for damages in relation to the same prohibited act or practice.
(4) An application shall not be made under subsection (1) if the aggrieved consumer has brought an action under section 36 of this Law against the trader concerned and the action is in respect of the same defective act or practice for which the trader concerned is convicted.
(5) If the amount of compensation payable under a compensation Order is paid to the aggrieved consumer under this section and the consumer subsequently commences an action under Section 36 and is awarded damages by the Court in respect of the same defective act or practice, the compensation Order is deemed to be in satisfaction of so much of the awarded damages as is equal to the first mentioned amount.
(6) If the trader concerned does not comply with a compensation Order-
(a) within the time ordered by the Court; or
(b) within thirty (30) days after the Order is made, if no time is specified in the Order, the aggrieved consumer may thereafter enforce the compensation Order against the trader concerned in the same manner as if it were a judgment rendered in that Court in civil proceedings.
40. Court may Order Convicted Person to Publish Corrective Statement
(1) This Section applies to a person convicted of an offence under this Law relating to a prohibited act or commercial practice.
(2) On conviction of the person to whom this Section applies and on application of the Agency, the Court may, in addition to any fine or penalty imposed, order the person to publish, at the person’s expense and in any manner the Court considers appropriate, the facts relating to the commission of the offence and a corrective statement in respect of those facts.
(3) The Court may, based on the submissions of the Agency in the application and as the Court considers appropriate, specify the form and content of the corrective statement in respect of those facts.
41. Summary Trial of Persons Indicted
(1) A person charged with an offence under this Law may be tried summarily as provided under the Administration of Criminal Justice Law of Lagos State (2011).
(2) On conviction by the Court for any offence that is tried summarily under subsection (1), the defendant shall be liable to—
(a) pay the fines and penalties described in section 37;
(b) pay costs and expenses of proceedings and investigation stipulated in Section 38; or
(c) publish a corrective statement as stated in section 40.
42. Financial Provisions
(1) The Agency shall establish and maintain a fund which shall consist of—
(a) such sums as may be provided by the State for running the expenses of the Agency;
(b) other sums as may accrue to the Agency in the execution of its functions under the Law or in respect of any property vested in the Agency; and
(c) donations from international, national and other donor agencies.
(2) The Agency may apply the proceeds of the fund established in accordance with subsection (1) of this Section for—
(a) the cost of administration of the Agency;
(b) reimbursing members of the Agency for expenses expressly authorized by the Agency in accordance with such rates as may be approved by the State;
(c) payment of the salaries or other remunerations and pension payable to the employees of the Agency;
(d) the maintenance of any property acquired or vested in the Agency;
(e) all other expenses connected with any of the functions of the Agency under this Law.
43. Agency may Publish Information Concerning certain Persons
(1) The Agency shall keep and maintain a consumer protection list of names and addresses of the following persons, together with a description of their trade, business or profession and the particulars described in subsection (2)—
(a) any person on whom a fine or other penalty was imposed by a Court under the relevant statutory provisions or who was required, by an Order under Section 39, to pay an amount of money to a consumer;
(b) any person against whom a prohibition Order is made under Section 31;
(c) any person against whom a compliance notice takes effect under Section 20.
(2) The consumer protection list shall specify, in relation to each person named in the list, and particulars of the Agency considers appropriate in respect of the following
(a) the matter occasioning any fine or penalty imposed on the person by the Court and the amount or nature of that fine or penalty;
(b) the matter occasioning any Order made by the Court against the person and the nature of that Order;
(c) the matter occasioning any undertaking given to the Agency by the person under this Law;
(d) the matter occasioning any compliance notice served on the person under this Law;
(e) the matter occasioning any fixed payment notice under this Law.
(3) The Agency may, at any time and in any form or manner the Agency considers appropriate, publish or cause to be published all or any part of the consumer protection list.
44. Power to Accept Gifts
(1) The Agency may with the approval of the Governor, accept gifts upon such terms and conditions as may be specified by the person or organization making the gift;
(2) The Agency shall not accept any gift if the conditions attached by the person or organization making the gift are incompatible with the functions of the Agency.
45. Account and Audit
The Agency shall keep proper account and records in relation thereto and shall cause same to be audited annually by a qualified Auditor appointed from the list and in accordance with the guidelines supplied by the Auditor-General of the State.
46. Annual Reports and Estimates
(1) The Agency shall prepare and submit to the Governor through the Commissioner not later than the 30 June of each year a report in such form as he may direct on the activities of the Agency during the immediate preceding year and shall include in such report a copy of its audited account for that year and the State’s Auditor-General’s report thereon.
(2) The Agency shall not later than 30 June of each year submit to the Commissioner for approval its estimate of income and expenditure for the next succeeding year.
47. Savings for other Rights of the Consumer
This Law shall not affect any right which a consumer may have under any other law.
48. Repeal
The Lagos State Consumer Protection Committee Law Cap.L15, Laws of Lagos State 2003 is repealed.
49. Citation and Commencement
This Law may be cited as the Consumer Protection Agency Law, 2014 and shall come into force on the ………….. day of ………….. 2014.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
