THE NEXUS BETWEEN CONSUMER PROTECTION AND HUMAN RIGHTS UNDER THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT OF NIGERIA

Abstract

The Federal Competition and Consumer Protection Act (FCCPA) 2018, establishes a foundational link between consumer protection and human rights in Nigeria by embedding market fairness mechanisms that safeguard fundamental human dignity and economic rights, prohibiting exploitative practices which directly protect consumers' rights to life, health, and dignity. The Act operationalizes Article 16 of the African Charter on Human and Peoples’ Rights which guarantees the right to health. This aligns with global academic perspectives that view consumer protections as extensions of human rights to adequate living standards. Provisions with human rights implications are: prohibition of monopolies which prevents market exclusion, safeguarding SMEs' right to economic participation. Price regulation that ensures access to essential goods at fair prices, critical for poverty alleviation and to bring an end to hunger, achieve food security and improved nutrition which is topmost on the list of the sustainable development goals and Consumer safety standards. The Constitution of Nigeria does not recognize consumer rights as justiciable human rights, the FCCPA bridges this gap by inferring protection from Chapter II’s Directive Principles addressing adequate standard of living and adopting a comprehensive approach to violations, a right based enforcement model. The intersection highlights how competitive markets and consumer safeguards under the FCCPA serve as vehicles for realizing Nigeria’s human rights commitments.