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29 J.L. Pol'y & Globalization 1 (2014)

handle is hein.journals/jawpglob29 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwiisteorg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.29, 2014 IISTE An Appraisal of the Legal Regime Available for the Protection of Consumers of Telecom Services in Nigeria Amanim Iwok Bassey Kooffreh* LL.B, B.L, LLM Research Candidate Faculty of Law University of Calabar, Calabar, Nigeria. * E-mail of the corresponding author: kooffrehjnr@gmail.com Abstract Throughout the history of the human race, man's ability to engage in complex and intelligent communication with his fellowmen has remained a key distinguishing factor between man and other animals. Thus, the role that communication plays in human societies cannot be overemphasized. Consequently, from the most primitive to the most advanced, every human society has had to rely on some system of communication including distant communication (telecommunications). Perhaps, this is why it has been said that communication networks make society a reality.' The Nigerian telecommunications sector, has witnessed revolutionary growth in the last decade. This revolution has presented some challenges and opportunities to both the regulator and players in the sector. This research paper aims to critically examine the regulatory framework in the Nigerian telecoms sector, and the level of protection it gives consumers of telecom services. In the course of this paper, criticisms and commendations would be made where necessary, and suggestions will be proffered to help maintain or improve on the quality of services in the sector, in the overall best interest of the consumer. Keywords: Telecommunications, Consumer, Protection, Service Providers 1. Introduction Understanding the concept of who a consumer is; usually is a convenient starting point in a paper of this nature. This is important because the consumer is at the centre of this research paper and the relevance of the findings made in this paper would be lost unless it is applied to the benefit of the consumer. President John F. Kennedy in his famous statement to the American Congress asserted that: Consumers, by definition, include us all. They are the largest economic group, affecting and affected by almost every public and private economic decision. Yet they are the only important group... whose views are often not heard.2 The Consumer Protection Act,3 which is the foremost Nigerian legislation on Consumer Protection, defines the term consumer, as an individual, who purchases, uses, maintains or disposes of products or services. The above definition obviously embraces the two schools of thought, on this subject matter. This is because the definition goes beyond the restrictive meaning of a consumer based on contract, and extends to include non- contractual persons (end-users). Monye,4 agreed with the above position when she asserted that: In general, in product liability cases, the term consumer extends to contractual consumers; ultimate users as well as any person who is adversely affected by a product or service. While several other definitions of the term consumer abound, the above-cited definitions represents the sense in which the term is used in this paper. 2. What is the Basis or Aim of Consumer Protection? The consumer because of his purchasing power is supposedly the king of the market place. However, the reality today is that the consumer has become the victim of many unfair and unethical tactics adopted in the market place, by the producers of goods and services. This is what consumer protection seeks to correct. Thus, the central theme of consumer protection is the adjustment of the relationship in terms of power between the consumers and producers of goods and services. This presupposes a re-conceptualization of the legal rights and obligations of the parties given the gross power disparity between the individual consumer and the institutional producer. The other concern of Consumer Protection is the mechanisms of enforcing the legal rights 1 G. A. Alabi, Telecommunications in Nigeria. University of Pennsylvania - African Studies Center, 2012. 2 John F Kennedy: Special Message to the Congress on Protecting the Consumer's Interest. Presidency.ucs.edu. Retrieved May 20, 2013. 3 Section 32, Consumer Protection Act, Cap C25 Laws of the Federation of Nigeria, 2004 4 Felicia N. Monye, The Consumer and Consumer Protection in Nigeria: Struggles, Burdens and Hopes. An inaugural lecture delivered at the University of Nigeria, Nsukka. P.6

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