Legal and institutional framework for the protection of e-commerce consumers in Nigeria

• Main Author: Nuruddeen, Muhammad
• Format: Thesis
• Language: English; English; English
• Published: 2017
• Subjects: K Law (General); T Technology (General)
• Online Access: https://etd.uum.edu.my/9071/1/s99215_01.pdf; https://etd.uum.edu.my/9071/2/s99215_02.pdf; https://etd.uum.edu.my/9071/3/s99215_references.docx; https://etd.uum.edu.my/9071/
• Institution: Universiti Utara Malaysia

The advent of the Internet has brought about a modem way of conducting commercial transactions known as "electronic commerce (e-commerce)". The buyers are called electronic consumers (e-consumers) while the sellers are called electronic traders (e-traders). The tendency of unfair trade practices and consumer exploitations by the e-traders is eminent. The need to protect the e-consumers against such inimical conducts becomes paramount. Therefore, this study seeks to analyse the legal and institutional frameworks for the protection of e-consumers in Nigeria. The study analyses the adequacy of the legal framework as well the institutional framework with a view to making recommendations for reform. The study collects and analyses its data using a library-based research and a semi-structured interview. The study also explores international practices for better analyses and appreciation of the legal and institutional problems affecting e-consumers in Nigeria. As a result, the study reveals that the existing laws governing e-commerce and consumer protection are grossly inadequate. The study finds the inadequacy particularly in the provisions of the Nigerian Constitution 1999, the Sale of Goods Act 1893, Consumer Protection Council Act 1992, etc. Additionally, the study reveals that the inadequacy of the legal framework for the protection of e-consumers is further compounded by ineffective consumer protection institutions in the country. Such institutions include the Consumer Protection Council and the Courts. A Nigerian consumer suffers a lot and often gets discouraged when he/she intends to enforce his/her rights before the said consumer protection institutions. The system of enforcing consumer rights in Nigeria is expensive, delay-prone and full of uncertainties and technicalities. Thus. this study recommends a systematic overhaul of the legal and institutional frameworks for e-commerce and consumer protection in Nigeria. The study further recommends the establishment of a specialised consumer court/tribunal. A section of the proposed court/tribunal should be manned by experts in the fields of e-commerce Jaw and consumer protection. This is to ensure effective handling of e-consumer grievances in the country.