data/processed/FCCPA-2018_text.txt

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Extroordinary
Federal Republic of Nigeria
Official Gazette
No. l8 Lagos lst February,2019 Vol. 106
Got'entntent Notice No. 5
The follorving is published as supplement to this Gazette i
No.
Act Short Title Page
I
Federal Competition and Consumer Protection'Act, 2018 Al-96
Printed and Published bl.The Federal Cor.ernmenl prinler. Lagos. Nigeria
FCP 5{/052019/250
Annual Subscription fiom I st Jauuan: 2019 is Locol : N.15.000.00 Olerseas : N60.500.00 [Surthce Mail]
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aller lst Januan should apph to lhe Fecleral Cor ernment Printer. Lilgos lbr anren4e4 Subscriptions.
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AI
AnnarcEnrnr or Srcrtolts
Section:
Panr l--OslrcrlvEs AND Scopr or Appltcenol
l.
Objectives.
2.
Scopeofapplication.
Plnr l-EstesLrsHMEN'r or Ttte Frorur CovpEttrtox eto
I
CoNsunrn Pnotrcrton CouttltsstoN
J Establishment of the Federal Competition and Consumer Protection
Commission.
4. Composition of the Commission.
5. Tenure of office.
6. Resignation from the Commission.
7. Removal frorn office.
8. Vacancies.
9. Emoluments of Members of the Commissioh.
10. Admin istration of the Commission.
Il. Proceedings of the Commission.
12. Quorunr.
13. Val id ity of proceed ings.
t4. Conflicts of interest.
15. Conrmittees.
r6. The Seal of the Commission.
Pnnr Ill-FurlcroNs AND Powens or rHe Cor*,rurssroN
t7. Functions of Ihe Commission.
18. Powers of the Commissior:.
Panr IV-MINAcEMINT aHo Sterr or,rHe CovtntssroN
t9. Executive Vice Chairmarr and Secretary to the Commission.
20. Other staff of the Commission.
21. Staff regr.rlations.
22. Pension and gratu ity.
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A2 2019 No: I Federal Competition and Consumer
Prolection Act,2018
Penr V-FnetcrAL PRovrsroNs
23. Fund of the Commission.
24.
Expenditures of the Corrmission.
25. Annual estimates, reportsand expenditure.
26. Borrowing powers, gifts etc.
Penr VI-ErroRcEMENr Wenururs nNo RreuEsrs ron lrronverolr
27.
Enforcernent powers of the Commission,
28. Issuance of warrant.
29. Powers conferred by warrant.
30. Duties of a person executing a warrant.
3l.
Duties of occupiers.
32. Request for infotmation or documents.
33. Sunrmons to attend and give evidence or to produce documents.
34. Procedures for hand ling of evidence by the Comm iss ion.
35. Prohibitiorr of disclosure of information, documents.
36. Destruction of records.
7.
3 Discontinuance of inqu iry or investigation.
38.
Appeals.
Pnnr VII-THe Covprrrrroi.r aro Corsuven PnorecrroN Tnrsuxar
39. Establishmenl ofthe Conrpetition and Consumer Protection Tribunal
40. Cornposition of the Tribunal.
.
4l Tenure of office.
42.
Disqualification from membership ofthe Tribunal.
43.
Resignation and removal.
44.
Fillingofvacancies.
45.
Registrar ofthe Tribuna l.
46. Other staff of the Tribunal
47.
Jurisdiction of the Triburral.
48.
Managenrent of the r.vork of the Tribunal.
49. Disclosure of interest by members of a panel.
50. Procedural Rules oltlre Tribunal.
51. Powers of the Tribunal to impose penalties.
52. Powers of the Tribunal to order sale ofassets.
53. Access to records ofthe Tribunal.
54. Registration and enforcement of the decisions ofthe Tribunal.
55. Judicial review by the Court ofAppeal.
56.
Right to legal representation.
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I
Federal Contpetition and Consunrer 2019 No. A.3
Protection Act,20l8 i
57. Payrnent of allowances and other conditions of employment of the
men.rbers of tlre Tribunal.
58.
Funding ofthe Tribunal.
Panr VI l-RrsrRrcrrvE AcnesuExrs
I
58. Proh ibition of agreements in restraint of competition.
60. Agreements auth6rised by the Conrmission.
61. Prohibition of agreements containing exclusionary provisions.
62. Agreenrents by suppliers.
63. Proh ibition of nr inimum resale price nraintenance.
64. Patented products.
65. Maintenance of minimum resale prices.
66. Withholding of products frorn a dealer by a supplier.
67. Complaints to and issuance of notice by the Commission of restrictive
agreements.
68. Exceptions.
69. Offences and penalties under this Part.
Prrnr IX-Asusr or e DourNaNr PosrrroN
70 Dominant position and abuse of dominant position in the relevant
market.
7t. Criteria for identifuing the relevant market.
72. Abuse of a dominant position prohibited.
Consequences ofabuse ofa dorninant position.
74. Penalties for failure to conrply w ith a cease order.
75. Suspension of pun ishnrent.
Penr X-MoNopor-y
76. Power of the Commission to investigate a monopoly situation.
77. Determination of a monopoly situation by the Commission.
78. Ceneral powers of the Commission to obtain information.
79. Supplenrentar"T provisions as to the requirement to furnish information.
80. Penalties fbr refusal to furnish information to the Comnlission.
81. Order for monopoly investigation.
82. Request for a monopoly investigation.
83. Notification of a request for a monopoly investigation.
84. Report on a rnonopoly investigation.
85. Timefrante for a report on a monopoly investigation.
86. Powers of the Tribunal in relation to a report on a rnonopoly
investigation.
87. Ceneral provisions relating to orders nrade under this pa(.
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4 I Federal Coypetitiou and Consumer
A 2019 No.
Protection Act, 2018
Panr XI-Pnrcr RrcuLenoN
88. Declaralion of price regulations.
89. Commission to report to the President on price regulation.
90. Regulated goods or services to be supplied in accordance with
authorised prices.
9t. Retention ofaccounting and costing records by suppliers or distributors.
.
Prnr Xll-Mrncrns
92. Merger defined.
93. Commission to approve mergers.
94. Consideration by the Commission of effect of a rnerger on competition.
95. Notification requirements for a snrall merger.
96. Notification of a Iarge merger.
97. Power of the Commission to extend the period of consideration of a
Iarge merger.
98. Investigation of a proposed merger.
99. Revocation of merger approval.
100. Powers of the Minister.
l0t. Power to hear persons in merger proceedings.
t02. Provisions of documentations orr proposed merger to the Commission.
r03- Appeals.
Penr XIII-Rrcurerro lnousrnrrs
t04. Supremacy ofthe Federal Competition and Consurner Protection Act.
t05. Designalion of regulated industries.
I06. Exemption of regulated ndustries.
i
Prnr XIV-Sprcrrrc OrreHcrs Acnrxsr Covprrrlox
r 07. Price-fixing.
l08, Conspiracy.
r09. Bid-rigging.
It0. Obstruction of invesligation or inquiry.
ilr.
Offence against records.
ll2.
Giving of false or nrisleading infonnation.
I13. Failure to attend or give evidence.
Parr XV-{oNsuuEns' Rrcurs
r t4. Right to information in plain and understandable language.
I 15. Disclosure of price ofgoods or services.
I 16. Producl labeling and trade descriptions.
I17. Disclosure of reconditioned or second-lrand goods.
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Federal Competition and Conqumer 2019 No. I A5
Protection Act,2018
I 18. Sales records.
I19. Consumer's right to select suppliers.
120. Consumer's right to cancel advance reservation, booking or order.
t2t. Consumer's right to choose or examine goods.
t22. Consumer's right to return goods.
123. General standards for the marketing of goods and services.
t24. Right to fair dealings.
t25. False, misleading or deceptive representations.
126. Representation test and publication testimonials.
t27. Unfair, unreasonable or unjust contract terms.
t28. Notice required for certain terms and conditions.
t29. Prohibited transactions, agrcements, terms or conditions.
| 30. Rights pertaining to the quality and safety ofgoods and services.
l3 l. Consumers' rights to safe, good quality goods.
t32. Impl ied warranty of qual ity.
133. Safety monitoring and recall.
Penr XVI-DulEs or MexurecrlRERs, Iuronrrns, Drsrnrsrnons
eNo Supplrens or Gooos exo Senvrces
t34. Duty to label goods properly.
135. Duty to withdraw hazardous goods from the market.
t36. Liability for defective goods.
t37. Liability arising from sale or supply ofgoods not to be excluded.
138. Liability for breach of implied obligations by law.
r 39. Miscellaneous contracts under which goods pass.
t40. Liabi ity for misrepresentation.
I
t4t. Evasion by means of secondary contract.
142. Supply ofservices.
t43. Implied term about time for execution of contract.
144. Exclusion of implied terms.
145. Onus of proof.
XVII-
PART ENFORCEMENT OF CONSUMERS' RIGHTS
146. Enforcement of rights by a consumer.
t47. Conclusion by industry sector regu lator.
r48. Enforcement of rights by the Commission.
t49. Consent order.
150. Compliance notice.
t5 t. Redress by civil society groups.
152. Redress by the court.
I53. Power to obtain satisfactory written assurance.
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A6 I Federol Coryrpelition and Consumer
2019No
Protection Acl,20l8
t54 Compensation order,
r55 Contravention of consumer rights.
Prnr XVlll-MrscELLANEot,s Pnovrsror.rs
r56. Limitation of suits against the Commission and the Tribunal.
t57. lssuance ofNotices by or on behalf of Commission.
r5E. Service of notices.
t59. Offences under this Part.
r60. Decisions ofthe Commission to be in writing.
r6r. Delegation by the Commission.
t62. Civil oncriminal proceedings in respect ofany action ofthe Commission.
r63. Porver to make regulations.
t@. Appl ication of other enactments.
t65. Repeals and savings.
r66. Transitional provisions.
t67. Interpetation.
r6E. Citation.
Scurourrs
d
,b
;t
.*
*
,d
fl
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A7
FEDERAL COMPETITION AND CONSUMER
PROTECTION ACT, 2018
ACT No. I
AN Acr ro Rrprel rue CoNsuurn PnotscrtoN Acr Cep. C25, L.c,ws or rue FeorneloN
or Nrcrnre, 2004, EsreaLtsu tue FEoenal Cot'rprrtrtoN AND CoNsuMrn Pnorectton
Couvrssror'r ero Colaperrror.r auo CotsuvEn Pnorscroru TntsuNeL ron rHs
DrveLopurNt aNo Pnovolor or Fetn, ErrtctrNr nuo Couprlttlvr Menrrts m
rHr Nrcenreu EcoNovy ro F.qctrrere Accrss Bv eLL Ctttzgtts to Snre Pnooucrs
nNo Srcunr tge Pnorecrrou or Rtcprs FoR ALL CoNSLMEns tN Ntcrnln ;
AND FOR RELATED MATTERS.
[30th Day of January, 2019] Commence-
ment.
EHacreo by the National Assembly of the Federal Republic of Nigeria-
Panr l--{arrcrvEs AND Scopr or AppLtcettoN
ta-
l. The objectives of this Act are Objectir es
(a) pronrote and maintain competitive markets in the Nigerian
economy
;
(D) pronrote economic efficiency
;
(c) protect and promote the interests and rvelfare of consumers by
providing consumers with wider variety of quality products at competitive
prices;
(d) prohibit restrictive or urrfair business praetices which prevent, restrict
or distort competition or constitute an abuse ofa dom inarrt position ofmarket
power in Nigeria ; and
(e) contribute to the sustainable development ofthe Nigerian economy.
2.{ l) Except as may be indicated otherwise, this Act applies to all Scope of
undertakings and all commercial activities rvithin, or having effect within Application.
N igeria.
(2) This Act also applies to and is binding upon-
(a) a body corporate or ageircy of the Covernment ofthe Federation or
a body corporate or agency ofa subdivision ofthe Federation, ifthe body
corporate or agency engages in commercial activities
;
(D) a body corporate in rvlrich a Governmellt of the Federation or
government ofa State or a body corporate or agency ofCovernment oftlte
Federation or any State or Local Covernment has a controlling interest
such a body corporate engages in econonric activities ;and
"vhere
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A 8 2019 No. I Federal Conryetition and Consunter
Protection Act,2018
(c) all commercial activities aimed at making profit and geared towards
the satisfaction ofdemand frorn the public.
by-
(3) This Act shall apply to corrduct outside Nigeria
(a) a citizen of Nigeria or a person ordinarily resident in Nigeria ;
(D) a body corporate incorporated in Nigeria or carrying on business
within Nigeria
;
(c) any person in relation to the supply or acquisition ofgoods or services
by that person into or within Nigeria ; or
(d) any person in relation to the acquisition of shares or other assets
or-rtside Nigeria resulting in tlre change of control of a business, part of a
business or any asset ofa business, in Nigeria.
Prnr I I-EsresLrsHMENT oF THE FEDERAL Covprrrrror
AND CoNsuMER Pnorecrroll CovvrssroN
Establishment 3,-( I ) There is established the Federal Competition and Corrsumer
olthe Protection Commission (in thisAct referred to as "the Cornmission").
Federal
Competition (2) The Conrnrission shall be independent in carrying out its functions,
and powers, duties and responsibilities conferred r.rpon it under this Act.
Consumer
Protection (3) The Commission-
Commission. (a) is a body corporate with perpetual succession and a common seal
;
(D) rnay sue and be sued in its corporate name; and
(c) may acquire, hold and dispose of property, rvhether movable or
immoveable.
(4) The headquarters of the Cournrission shall be in the Federal Capital
Territory,Abuja.
(5) The Conrmissior.r may establish other offices for the purpose of its
buSiness in any part of Nigeria, as the Cornmissiorr rnay determine.
4.{l)
Composition There is established for lhe Contntission a Coverning Board
ofthe
charged rvith the adrrinistration of the affairs of the Comrrission.
Commission.
(2) The Board consists of 8 Cornmissioners made up of--
(a) a Chairrnan
;
(D) a Chief Executive rvho shall also be the Executive Vice-Chairnran
;
(c) two Executive Commissioners ; and
(d) four non-executive Comm issioners.
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Federal Competilion and Consunrcr 2019 No. I Aq
Protection Act,2018
(3) The Corrrrnission shall not be incapacitated from carrying out its
powers or functiorrs by virtue ofany vacancy or defect in the appoiutnlent of
the Executive Vice-Chairman or any of the Comnrissioners.
5.--{ I ) All Board Members, after the coming into force of tlris Act, shall Tenure ef
be appointed by the President, in accordance with this Act, frorn the six ollice.
geopolitical zones ofNigeria subject to confirmation by the Senate.
(2) The Chairrnan and all Commissioners, except the Chief Executive
and the Executive Commissioners, shall hold office on part-tinre basis.
(3) Each Commissioner shall serve for a term of four years from the
date ofappointment at the expiration of which the President rnay renew his
ternr for a further term of four years and no more.
6.-(l) Comnrissioners shall be persons of recognised standing, Resignation
qualification (minimunr of a Urriversity Degree) and not less than l5 years fiom the
Commission
experience irr one or rnore of the following fields
(u) Finance or Accourrtirrg
:
(D) Law
;
(c) Consurner Affairs
;
(n) Competition or anti-trust matters;
(e) Engineering or Infornration Technology
;
(/)
Econonrics: and
(g) Public Adrn in istration, social sc ience or lrumanities.
(2)A person shall not be appointed or remain in ofllce as a Commissioner
if he -
1tr) is not a Nigerian citizen:
(D) is riot ordinarily resident in Nigeria:
(c) is incapacitated by any physical illness:
(r/) has been certified to be of unsound mind
:
(a) is an undischarged bankrupt;
(/)
has been convicted in Nigeria or elseivhere of a criminal offence.
being a misdemeanor or felony
;
(g) has at any time been removed fronr an office of tnrst on account ol
misconduct ; or
(/z) fails to conrply with the reporting obligations regarding personal and
fanrily assets as tequired by the Contmission.s Code olConduct.
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Removal 7. A Commissioner may resign his office by giving three months written
from office notice to the President through thi Minister.
8.{
Vacancies- I ) A Commissioner may be suspended, or removed from office by
the President if he-
(a) is found to have been unqualified for appointment as
a
Commissioner pursuant to provision of this Act or in breach ofconditions
of his appointment
;
(D) has demonstrated inability to effectively perform the duties of his
office;
(c) has been absent from five consecutive meetings of the Board
without the consent ofthe Chairman except he shows good reason for
such absence
;
(d) is guilty of a serious misconduct in relation to his duties as a
Commissioner, and as defined under Public Service Rules;
(e) in the case ofa person who possessed a professional qualification,
he is disqualified or suspended from practising his profession in any part of
the world by an order of a competent authority ; or
(/)
is in a breach ofthe confl ict of interest rules set out under section l4
of this Act.
(2) The exercise ofthe powers ofthe President under this section shall be
subject to the approval ofthe Senate.
9.{l)
Emoluments There is a vacancy in the Board if a Commissioner-
of Members
(a) dies
ofthe ;
Commission (D) is removed from oflice in accordance with this Act
;
(c) resigns from office ; or
(d) upon the completion of his tenure ofoffice.
(2) A vacancy in the Board shall be fi lled by the appoinrment ofanother
person to the vacant office by the President in accordance with this Act, as
soon as is reasonably practicable after the occurrence of such vacancy.
(3) ln the instance ofa vacancy on the Board that is created consequent
upon death, removal or resignation ofa Commissioner, any person so appointed
shall hold office for the unexpired term of office of his predecessor.
(4) The provisions of subsection (3) shall not apply to the filling of
vacancies in respect of Executive Commissioners whenever it is created.
)
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Federol Competilion and Consumer 2019 No.
Proleclion Acl,20l8
shall-
10, The Executive Vice-Chairman Administration
ofthe
(a) be the accounting officer and chief executive officer of the
Commission.
Commission i
(D) ensure the day-to-day administration of the Commission ; and
(c) ensure the self-sufficiency of the Executive Vice- Chairman and the
Commissioners.
11.-{l) Subject to the provisions of this Act and section 27 of the Proceed ings
Interpretation Act, the Commission may make standing orders regulating its ofthe
Commission.
proceedings or those of any of its committees.
.
(2) At any meeting of the Commission, the Chairman shall preside and,
in his absence, the Executive Vice{hairman or, in the absence ofthe Executive
Vice-Chairman, the Commissioners prcsent shall appoint one ofthem to preside
at that meeting.
(3) Where the Commission desires to obtain the advice of any person
on a particular matter, the Commission may arrange for such a person to
consult or attend proceedings with the Commission for such period as it deems
necessary but a person who is in attendance by virtue ofthis sutssection is
not entitled to vote at such proceedings.
12. The quorum of the Commission shall be the Chairman orthe person
Quorum,
presiding at the meeting and fourother members ofthe Commission, and the
quorum of any committee of the Commission shall be determined by the
Commission.
13. The validity of any proceeding of,the Commission or committee set V&lidi!'of
by-
up under section l5 of this Act shall not be affected proceedings
(a) a vacancy in the memberihip of the Commission or committee
;
(6) a defect in the appointment of a member of the Commission or
committee ; or
(c) reason that a person not entitled to do so took part in the proceedings
of the Commission or committee.
14. Any member of the Commission or committee who has a personal conni\of
\
interest in any contract, arrangement or matter to be considerea by ttre intercst.
commission or committee shall disclose such interest to the commission or
committee and shall not vote on any question relating to the contract,
arrangenrent or matter.
5.-{
f I ) The Commission may set up one or more committees to carry
Committees
out, on behalf of the Commission, such functions as the Commission may
determine.
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Al2 I Federal Contpetition and Consumer
2019 No.
Protection Act, 2018
(2) A comminee set up under subsection ( I ) of th is section shall cons ist
of such number of persons as the Commission may determine.
(3)A decision ofa committee shall be of no effect until it is confirmed by
the Commission.
16.{
The Seal of | ) The fixing of the seal of the Commission shall be authenticated
the by the signatures ofthe Executive Vice Chairman or any person generally or
Commission- specifically authorised by the Commission to act for that purpose.
(2) Any contract or instrument, which if made or executed by a person
not being a body corporate would not be required to be under seal, may be
made or executed on behalfofthe Commission by the Executive Vice Chainnan
or any person generally or specifically authorised by the Commission to act
for that purpose.
(3) Any document purporting to be a document duly executed under the
seal of the Commission shall be received in evidence and shall, unless the
contrary is proved, be presumed to be so executed.
Penr lll-FulrcroNs AND PowEns or rHr CovurssroN
Functions of 17. The Commission shall--
lhe
'"\ (a)
be responsible for the administration and enforcement of the
CommissiL#
provisions ofthis Act and any other enactment with respect to competition
and protection ofconsumers :
(D) initiate broad based policies and review economic activities in Nigeria
to identify anti-competitive, anti-consumer protection and restrictive practices
which may adversely affect the economic interest of consumers and make
rules and regulations under this Act and any other enactment with regards
to competitions and protection of consumers ;
(c) advise the Federal Government generally on national polic ies and
matters pertaining to allgoods and services and on the determination of
national norms and standards relating to competition and corrsunrer
protection;
(d) report annually on market practices and the implications for consumer
choice and competition in the consumer market ;
(e) carry out investigations or inquiries considered necessary or desirable
in connection rvith any matter falling rvithin the purvierv of this Act
;
(l)
advise the Federal Govemment on any matter relating to the operation
ofthis Act including making recommendations to the Federal Government
for the revierv ofpolicies, legislation and subsidiary legislation as corrsidered
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Federal Conpelition and Consumer 2019 No. A13
Protection Act,20l8
of
appropriate or as may be requested by the Federal Government or any
its ministries, departments or agencies for the eradication of anti-consumer
protection and anti-competitive behaviour ;
(g) el iminate anti-competitive agreements, misleading unfair, deceptive
or unconscionable marketing, trading and business practices ;
(i)
resolve disputes or complaints, issue directives and apply sanctions
where necessary
;
(i) give and receive advice from other regulatory authorities or agencies
within the relevant industry or sector on consumer protection and competition
matters
;
0) create public awareness :hrough seminars, w'orkshops, studies and
make available information with rcgard to the exercise of its powers and
performance of its functions to the public ;
(i) authorise, with or without conditions, prohibit or approve mergers of
which notice is received ;
(I) protect and promote consumer interests
;
(rr) regulate and seek ways and means of removing or eliminating from
the market, hazardous goods and services, including emission, untested,
controversial, enrerging or new technologies, products or devices whasoever;
and cause offenders to replace such goods or services with safer and more
appropriate alternatives
;
(r)
publish, from time to time, list of gobds and services whose
consumption and sale have been banned, rvithdrawn, restricted or are not
approved by the Federal Covernment or foreign governments ;
(o) organise or undertake campaigns and other forms ofactivities capable
of promoting increased private and public consumer arvareness ;
(p) encourage trade, industry and professional associations to develop
and enforce in their various fields quality standards designed to safeguard
the interest of consumers
;
(q) cause all imported goods to be registered for traceability whenwer
the need arises
;
(r) collaborate with consumer protection groups and associations for
consumer protection purposes
;
(s) ensure that consumers' interests receive due consideration at
appropriate fora and provide redresses to obnoxious practices or the
unscrupulous exploitation of consumers by companies, firms, trade
associations or individuals :
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A 14 2019 No. I Federal Conrpetition and Consuner
Protection Act,20l8
(r) ensure the adoption ofappropriate measures to guarantee that goods
and services are safe for intended or normally safe use l
(lr) collaborate ivith international organisations and agencies, firms,
organisations, groups or persons for the purposes ofexchange of information
to locate the source of substandard goods
;
(v) undertake regular research, study and analysis ofconsumer product
standards and services rendered to the consumer and publish relevant
observations, findings and recommendations in journals or other forms of
publications for the benefit and general information ofconsumers
;
(v,) collaborate with government agencies or professional bodies in
establishing and using laboratories, testing facilities, common procedures in
ensuring or enforcing standards of consumer goods or in assessing the
quantum of loss or damage
;
(.r) acr'generally to reduce the risk and injury which may occur from
consumption of certain consumer items and other services rendered to
consumers which action may include restriction or prohibition ;
(y) ensure that all service providers comply with local and international
standards of quality and safe service delivery ; and
(z) cause an offending company, firm, trade, association or individual to
protect, cormpensate, provide reliefand safeguards to injured consumers or
communities from adverse effects of technologies that are inherently harmfu l,
injurious, violent or highly hazardous.
to-
Pol ers of 18. ( l) The Commission shall have powers
the
(a) establish specialised Departments and Units as are considered
Commission
necessary for the effective and efficient discharge of its functions under
' t ' h is Act ;
(D) prevent the circulation of goods or services which constitute a public
hazard or an imminent public hazard ;
(c) compel manufacturers, suppliers, dealers, importers, wholesalers,
retailers, providers of services and other undertakings to comply with the
provisions of this Act ;
(d) cause quality tests to be conducted on consumer goods as it deerns
necessary;
(e) cornpel manufacturers, suppliers, dealers, importers, rvholesalers,
to-
retailers, or other undertaking where appropriate
(i) certifr that all standards are rnet in their goods and services ; and
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Federal Conryetition and Consurner 2019 No. I A15
Prolection Acl,2018
(ll) give public notice ofany health hazards associated rvith their goods
or services
;
(/)
seal up any prenrises on reasonable suspicion that such premises
contain, harbor or are being used to produce or disserrinate goods or services
that are flake, substandard, hazardous or inimical to consumers' welfare in
collaboration rvith le leva nt sector regu lators :
(g) unclertake studies and publish reports or provide infornration on matters
that affect the interest of consunrers and co-operate with or assist any
association or body ofpersons in developing and promoting the observarrce
ofstandards ofconduct for the purpose of ensuring compliance rvith the
provisions of this Act ; and
(i)
nrake regulations relating to the charging and collection of fees,
levies, fines and the imposition of administrative penalties.
(2) The Commission shall make general information available to persons
engaged in econonric activities and for the guidance ofconsunrels rvith respect
to their rights and obligations underthisAct.
(3) For the purpose of perforrring its functions under this Act, the
may-
Cornurissiorr
(a) prohibit the making or performing ofan agreement or arrangements
to rvhich this Act relates:
(D) order the ternrination ofany agreement or arrangenrent pertainirrg to
the actiorr envisaged under paragraplr (c') of tlris subsection :
(c) prohibit the withholding ofsupplies or arly threat relating to;
(4
declare any business practice as abuse ofa dominant position of
nrarket power and prohibit the same, after carrying out necessary
investigation;
(e) prohibit the attachntent ofextraneous conditions to any transaction
as it nray deem appropriate
:
(/)
prohibit the discrimination or preferences in prices or other related
Inatters;
(g) require the publication oftransparent price lists ; and
(i)
do such other things as it cousiders rlecessary for the effective
performarrce of its functions under tlris Act.
(4) The Commission shall have porver.to-
(a)
strntrnorr and exanrrne witnesses;
(D) call for and exantine documents
:
--- PAGE 17 ---
A 16 2019 No. I Federal Contpetition ond Consunter
Protection Act,20l8
(c) administer oaths
;
(d) require that any documeut subnritted to it be verified by affidavit
;
(e) require the furnishing of returns or irrfornration as it may require
within such period as it nray specify by rrotice ; and
(f) adjourn any investigation or inquiry from time to time.
Penr lV-MelecEMENT AND Srarr or rHE CoMMtssloN
E\ecuti\ e 19.-{ I ) The Executive Vice-Chairman shall be-
Vict
Chairman (a) the Ch ief Executive Officer of the Conrmission ;
and (D) prirnarily responsible for the execution ofthe policies and decisions
Secretar] to of the Board and for the day+o-day management and supervision of the
the
Commission activities of the Commission ; and
(c) a person possessing sound knowledge ofand ability in the organisation
and management of competition and or consumer protection matters and
shall hold office for a term offour years which may be renewed for another
term and no more.
(2) The Executive Commissioners slrall be persons possessing sound
knowledge of and ability irr the organisatiou and nranagement of regulatory
matters with respect to competitive and consumer protection matters and
shall hold office for a term offour years rvhich may be renewed for another
ternr and no more.
(3) The Comrnission shall appoint a Secretary (in this Act refered to as
the Secretary) who shall be a legal practitionel w ith at least I 0 years post-call
experience.
(4) The Secretary shall be responsible for keeping the corporate records
of the Commission and discharging such other duties as the Executive Vice-
Chairnran or the Comnrission may assign.
Other staff 20.-{ l) The Commission may appoint such other staff as it may deem
ofthe luecessary to assist the Commission in the performance of its functions under
Commission th is Act.
(2) Nowithstanding anything contained in any other law in force in Nigeria,
a legal practitioner enrployed in or by the Commission in any capacity, nray
represent the Commission, as counsel, who appears, draws papers, pleadings
or docunrents, or performs any act in contrection with proceedings pending or
prospective before a court, or a quasi-judicial body, or any other body, board,
comnrittee, commission or officer constituted or appointed by law or having
authority to take evidence in or settle or determine controversies in the exercise
ofthejudicial power ofthe Federation or any subdivision thereof.
--- PAGE 18 ---
Federql Conryetition and Cortsunrer 2019 No. I At7
Act,2018
Protection
,:
(3) The terms and conditions of service, including renruneration,
allowances and other benefits of the employees of the Corlnrission, sha ll be
as delernined by the Conrrnission.
(4) The Cornmission shall pay to persons employed by it suclr rentuneration, Cap. N72
including allorvances, as the Conlmission may deterrnine, after consultation 1FN.2001
with the National Salaries and Wages Comrnission.
21.-(l)
The Cornnrission may, subject to the provisions of thisAct, SrafF
nrake staff regulations relating generally to the conditious of service ofthe regulations
for-
enrployees of the Conrrnission and such regulations may provide
(a) the appointrnent, promotion and d isc iplinary contro l, inc lud ing d ismissal
of ernployees of the Cornrnission ; and
(D) appeals by enrployees ofthe Comnrission against dismissal or other
disciplinary measures and until such regulations are made, any instrument
relating to the conditions ofservice ofofficers in the Public Service ofthe
Federation shall be applicable.
(2) Staff regu lat ions made u rrder subsection ( I ) shall haveeffectupon
publication in the Federal Covernnrent Cazette or such other rnediurn as the
Comrnission may deterrnine as rvill enable the regulations to be brought to the
notice of all affected persons.
22. Service in the Commission shallbe approved service for the purposes Pension and
of peusions aud accordingly, the ofllcers, staffor employees of the Commission graruitl.
are entitled to pensions and other retirenlent benefits in accordance rvith the Acl No. .1.
20tl
provisions of the Pension Relorrn Act.
Pnnr V-FnnNcrnL PnovrsroNs
23. ( l) The Corrmission shall establish and rlaintain a fund (in this Act Fund of the
referred to as "the Fund"). Commission
(2) There shall be paid and credited into the Fund-
(a) the initial take-off glant made available to the Contmission by the
Federal Govenlment
:
(D) such sums of r:roney as ntay be appropriated to tlre Comtnission in
annual budgetary allocation
;
(c) such money as rnay be granted to the Cornmissiorr by the Government
of the Federation
I
(d) al I fees, lev ies, and charges statutorily c hargeable by the Comnt ission
for approvals, testing, licences, cenification or any service provided by the
Conrmission in the exercise of its functions under. this Act :
--- PAGE 19 ---
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Prptection Act,20l8
(a) all sums of money accruing to the Conrrnission by way of grants-in-
aid, gifts, testamentary dispositions, endownlents and contributions from
any other source provided that the condition for such grants are not
inconsistent with the functions. duties and responsibilities ofthe Commissiotl
under this Act :
(/)-fees charged fbr the investigation into and resolution ofall disputes
brought before the Comtnission either due from the regulated irrdustry,
regulators, individuals, corporate bodies orthe government ;and
(g) any other fund that rray be created from time to time by an Act of
the National Assembly.
(3) The Fund shall be nranaged in accordance with the rules made by
the Cornmission and without prejudice to the generality of the power to make
rules under this Act, the rules sha ll in particular contain provisions-
(a) specifying the manner irr which the assets or the Fund of the
Cornmission are to be held ;
(D) regulating the making ofpayments into and out ofthe Fund ; and
(c) requiring the keeping ofproper accounts and records forthe Fund in
such form as nray be specified in the rules.
to-
Erpenditure 24,--<l) The Commission shall apply the proceeds of the Fund
of thc
(a) the cost of adrninistration of the Commission : and
Commission
(b) the payment of salaries, fees, rernuneration, allowances, pensions
arrd gratuities payable to the members and the employees of the Commission,
as the case rnay be ;
(c) the paynrent for all consultancies, contracts, including rrobilisation,
fluctuations, variations, legal fees and cost on contract administration as
nray be pernrissible under applicable lalvs :
. (a) the paynrent for all purchases : and
(/) undertake such other activities as are connected rvith all or any of
the functions of the Conrmission under th is Act.
(2) Any excess of the Contntission's revenue for any year over the
approved expenditure for tlrat year shall be rernitted to the Consolidated
Revenue Fund ol the Federation.
(l)
Annual 25. The Conrnrission shall, not later rhan 3Oth September in each
estimates, financial year, prepare and present to the National Assembly through the
reports and
President for approval, a statetlent of estirnated income and expenditure for
erpend iture
the lollowing financial year.
--- PAGE 20 ---
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Federal Competition and Cons mer 2019 No. A19
Protection Act,20l8
(2) Notwithstanding the provision of subsection ( I ), the Commission may
also, in eaclr financial year, submit supplementary or adjusted statements of
estimated income and expenditure to the National Assembly through the
President for approval.
(3) The Commission shall prepare and submit to the President through
the Minister, and to the National Assernbly, not later than 30'h June in each
year, a report in such form as the Minister may direct on the activities of the
Comnrission during the immediate preceding year, and shall include in the
report, a copy ofthe audited accounts ofthe Comnrission for that year and the
auditors' report on the account.
26.-{ l) The Commission may, with the consent of, or in accordance Borrorling
with the general authority given by the Minister of Finance, borrow such sums porrers. gifts
of money as the Commission may require in the exercise of its functions etc.
under this Act or its subsidiary legislation.
(2) The Commission may accept gifts or grants of money or aids or
other property from national, bilateral and mulri-lateral organisations and upon
such terms and conditions, ifany, as may be agreed upon befween the donor
and the Commission provided that such gifts are not inconsistent with the
objectives and functions of the Commission underthisAct.
Penr VI-ENToRCEMENT Wennenrs eno Rreursrs ron INronverroN
27.{
I ) The Cornmission may, for the purpos<! of ascertaining whether Enlbrcement
any urrdertaking has engaged. is engaging or is likely to engage in conduct porr ers of
constituting or likely to constitute a contravention of this Act, require an the
authorised officer to- Commission.
(a) enter and search any premises ; and
(D) inspect and remove from the premises any article, document orextract
in the possession or under the control ofany person.
(2) Except as otherwise directed by the Commission, an officer authorised
by the Commission shall only exercise the powers conferred by subsection ( I )
with a warrant issued under section 28 of this Act. .
(3) The Commission shall, if there are grounds to believe that a
violation, civil or criminal, of the provisions of this Act or regulations made
underthis Act, was, is beiug or will be committed, take any inierim measure,
including authorising an authorised officer to exercise powers contained
in subsection ( I ) pending the issuance of a warrant to that effect.
--- PAGE 21 ---
A20 2019 No. I Federal Cgnpetition and Consunrcr
Protection Act, 2018
(4) In the circurnstance described in subsectiort (3), the Executive Vice-
Chairman shall depose to an affidavit verifying these facls before interim
measures can be taken.
lssuance of 28,-{ l) Where a Judge is satisfied on the information on oath that
\r arrant. there is reasonable ground for believing that any undertaking has engaged or
is engaging or likely to engage in conduct constituting or likely to constitute the
contravention of this Act, the Judge nray issue a warrant pernritting an
authorised olficer to exercise the porvers conferred by section 27 ( l) ofthis
Act in relation to any prernises specified in the rvarrant.
(2) An authorised officer who applied for a wafl'ant shall, having nrade
reasonable inquiries, disclose to the court-
(a) the details of every previous application for a warrant to searclr
the place that the officer kuows has been ntade within the preceding l2
months ; and
(D) the result ofthe application.
(3) A warrant issued undersubsection ( I ) shall specifo a tirne-linrit beyond
which articles or documents removed shall not be detained.
(4) The occupier or person in charge ofany premises entered pursuaut
to this section shall provide the authorised officer with all reasonable facilities
and assistance for the effective discharge of the officer's duty under this
section.
(5) A person who obstructs or impedes arr authorised officer in the
perfonnance ofhis duties under this section comnrits an offence in accordarrce
rvith the relevant laws and liable on conviction to imprisonment for a term not
exceeding trvo years or to a fine not exceeding N5,000,000 or to both fine and
imprisonment.
l)ou els 29.---( I ) A ivarranl issued under sect ion 2 8 ( I ) ofth is Act shall autlrorise
conl'erred b1 tlre person named in the rvarrant to request any police officer or public official
\\ arranl.
to provide assistance to the person named in the warrant in the execution of
the warrant.
(2) The assistance to be provided urrder subsection (l) shall be at the
rvritten request ofthe person named in the warrant.
(3 ) The warrant shall confer powers-
(n) to enter and search the place or prerlises specified irr the rvarrant on
one occasion within 30 days of the date of issue of the lvarranl at a time
that is reasonable in the circunlstances
:
--- PAGE 22 ---
Federal Contpelition and Constrnrcr 2019 No. I A2l
Act,2018
Protection t
(6) to use suclr assistance as is reasonable in the circumstances:
(c) to use such force for gaining entry and for breaking open any article
or thing as is reasonable in the circumstances :
(d) to search for and remove documents or any article or thing that
the person executing the warrant believes on reasonable grounds may
be relevant
;
(e) where necessary to make copies of documents or extracts from
documents, that the person executing the warrant believes on reasonable
grounds may be relevant: and
(/)
where necessary to require a persou to reproduce or assist any
person executing the warrant to reproduce, in usable form, information
recorded or stored in a document or retrieval system.
(4) A police officer or public officer assisting the person executing the
warrant also has the powers stated in subsection (3) (c), (d) and (e) of this
section.
(5) A warrant shall be executed in accordance rvith such conditions as
rnay be specified in the warrant when it is issued.
30.-{l) A person executing a warrant shall- Duties of a
(a) be in possession ofthe warrant at the time of its execution ; Person
esecuting a
(6) produce it on initial entry and, if requested, at any subsequent \atTant.
time ; and
(c) produce a valid identification to the ownerbr occupier or person in
charge of the place if that persorr is present.
(2) A person executing a warrant shall, on entry into any premises
pursuant to a warrant, produce a valid identification document and the authority
to enter.
(3) A ;ierson executing a wamant shall, before leaving the premises,
leave in a conspicuous place at the premises searched-
(a) in the case of a search carried out at a lime when the olvner or
occupier was not present, a wrinen notice stating-
(l) the date and time when the warrant was executed, and
(il) the name ofthe person who executed the warrant and the names
of the person or persons who rendered assistance in the course of
executing the warrant ; and
--- PAGE 23 ---
A22 2019 No. I Federal Contpetitiott and ('onsunrer
Protection Act,2018
(D) upon the completion ofthe search authorised by a warrant, where a
document or article or thing was removed from the place being searched,
leave a schedule containing a list ofarticles, documents, extracts orthings
removed from the premises during the search.
(4) Where it is not practicable to prepare a schedule before completing
the search, or if the owner or occupier ofthe place being searched consents,
the person executing the warrant-
(a) may, instead of leaving a schedule, leave a notice stating that
documents, articles or things have been removed during the search and tlrat,
within seven days of the search. a schedule rvill be delivered, left, or sent
stating the documerrts, articles or things that have been removed : and
(D) shall, within seven days ofthe search-
(i) deliver a schedule to the owner or occupier,
(il) leave a schedule in a prominent position atthe place searched, or
(lli) send a schedule by registered mail to the owner or occupier of
the place searched.
(5) Every schedule prepared under subsection (3) or (4) shall state-
(a) the documents, articles and things that were removed
:.
(D) the location fronr which they were removed ; and
(c) the location where they are being held.
(6) The Commission, or any persoD authorised by the Cornmission for
that purpose, may inspect and make copies ofany document or extract fronr
such document, obtained pursuant to a warrant.
Duties of 31. The occupier or person in charge ofthe place that an autlrorised
occupiers officer, under a warrant, enters for the purpose ofa search shall provide that
authorised officer rvith all reasonable facilities and cooperatiorr in executing
the warrant.
Request lor
informat ion 32.-< l) Where the Conrrnissiorr considers it necessary, desirable or
of
expedient for the purpose ofcanying out its functions underthisAct, the Comnrission
documents. tG-
nray, by notice in rvriting served on any person, require that person
(a) furnish to the Conrnrission, in rvriting signed by that person or, in the
case ofan undertaking, by a director or conrpetent officer or agent ofthe
undertaking, within the time and in the manner specified in the rrotice, any
information or class of information as may be specified in the notice ;
(b) produce to tlre Commissior.r or a person specified in the notice, acting
on its behalf in accordance rvith the notice, any document or class of
documents specified in the notice; or
--- PAGE 24 ---
I
Federal Contpetitiott and Consunter 2019 No. A23
Protection Act,20l8
(c) appear before the Commission at a time and place specified in the
rrotice to give evidence, eitherorally or in writing and produce any document
or class ofdocuments specified in the notice.
(2) The Conrmission shall obtain such information as it considers necessary
to assist it in its investigations or inquiries and wlrere it considers appropriate,
slrall examine and obtain verification of doculnents sLrbmitted to it.
(3) Where the information provided in subsection ( l) is not furnished to
the satisfaction ofthe Cornmission, the Commission may nrake findings on the
basis of information availableto it.
33.{
I ) A sumrnous to attend and give evidence or to produce documents Summons to
before the Comnrission issued under the hand ofthe Secretary or any member attend and
olthe Corrrrission shall be served on the person concerned. gir e er idence
or produce
(2) Hearings of the Cornmission shall take place in public, but the documenls
Conrnrission nray, whenever the circumstances warrant. particularly in order
to preserve the business secrets ofthe undertaking concerned, conduct hearing
in camera.
to-
(3) A person rvho, without sufficient cause, fails or refuses
(a) appeal before the Commission in corrpliance rvith a summorrs, or
(D) produce a document whiclr the person is required by such summons
to produce,
cornmits an offence and is Iiable on conviction to imprisonrnent for a term not
exceeding three years or a fine not exceeding N20,000,000.00 or both the
fine and inrprisonment.
(4) A person rvho wilfully obstnrcts or interrupts the proceedings ofthe
Conrmission commits an offence and is liable on convictiorr to itnprisorrment
for a term not exceeding three years or a fine not exceeding N20,000.000.00
or both the, fine and imprisorrment.
34. ( l) For the purpose ofcarrying out its functions and powers under Procedules
this Act, the Conrrnission nray receive in evideuce any statemeut, docurnent, tbr handling
information or lmatter that may, in its opinion, assist it irr dealing effectively ofer idence
bi the
rvith the matter before it, whether or not suclr evidence is otherwise admissible
Comnrission
in a couft of larv.
(2) The Cornmission nray take evidetrce on oath atrd for that purpose a
rurenrber of the Conrmission, any employee or agent of the Commission du ly
authorised for that purpose may administer att oath.
--- PAGE 25 ---
I
Federal Competitiotl and Co sunter 2019 No. A23
Protect ion Act,20l8
(c) appear before the Commission at a tinte and place specified in the
luotice to give evidence, either orally or in writing and produce any document
or class ofdocuments specified in the notice.
(2) The Comrnission shall obtain such inforrnation as it considers necessary
to assist it irr its investigations or inquiries and where it considers appropriate,
shallexanrine arrd obtain verification oldocurnents subn:itted to it.
(3) Where the infornration provided in subsection ( l) is not furnished to
the satisfaction ofthe Commission, the Comrnission may rrake findings on the
basis of inforrnation available to it.
J3.-{ I ) A surnrnous to attend and give evidence or to produce documents Summons lo
before the Conrmission issued under the hand ofthe Secretary or any member attend and
of the Cornnrission shall be served on the person concerned. -eir e er idence
or produce
(2) Hearings of the Commission shall take place in public, but the documents
Conrnrissiorr uray, whenever tlre circumstances \.varrant. pafiicularly in order
to preserve the business secrets ofthe undertaking concerned, conduct hearing
in carnera.
(3) A person rvho, without sufficient cause, fails or refuses tG-
(a) appear before the Comnrission in cornpliance with a sunrmons, or
(D) produce a docunrent wh ich the person is required by such summons
to produce,
conrmits an offence and is liable on conviction to imprisonment for a term not
exceedirrg tlrree years or a fine not exceeding N20,000,000.00 or both the
fi rre and imprisonnrent.
(4) A person rvho wilfully obstructs or interrupts the proceedings ofthe
Commission comrnits an offence and is liable on cotrviction to inrprisonment
for a term not exceeding thlee years or a fine not exceeding N20,000.000.00
or both the,fine and imprisonrnent.
34. ( I ) For the purpose of carryirrg out its lunctions and powers under Procedures
this Act, the Comrnissiorr nray receive in evidence any statement, docunrent, for handling
infornration or matter that nray. in its opinion, assist it in dealing effectively ofevidence
b) the
lvith the matter before it, rvhether or not such evidence is otherwise adnrissible
Commission
irr a court ol lar.v.
(2) The Comnrission nray take evidence on oath and for that purpose a
nrember of tlre Commission, any enrployee or agent of the Cornnrission duly
authorised for that purpose may administer an oath.
--- PAGE 26 ---
A24 2019 No. I Federal Conpetition and Consunter
Protection ,4ct,2018
(3) The Conrmission rnay lequire the evidence to be furnished to be
given on oath and for that purpose a member ofthe Conrmission or any officer
ofthe Comnrission duly authorised for that purpose rnay adnriuister an oath.
(4) The Commission nray permit a person appearingas a rvitness before
it to give evidence by tendering a written statemerrt and, where the Commission
deems fit, verify a written statement by oath.
(5) Where a person has appeared as a witness before the Comrnission
pursuant to a notice issued in that behalfor has given evidence before the
Commission, rvhetlrer pursuant to a notice or not, the Cornrnission nray, if it
deems fit, order any sum to be paid to that witness on account of his travelling
expenses.
(6) The Corrmission shall ensure that business secrets of all parties
concerned in an investigation conducted by it are adequately protected during
all stages of an investigation or inquiry.
(7) The Cornnrission may hearorally any person who, in its opinion, rvill
be affected by an investigation or inquiry being carried out by it.
35.---(l) Subject to the provisions of subsection (2), the Cornrnission
Proh ibit ion
ofdisclosure rlay by order prohibit the publication or communication of any information,
of docunrellt or evidence which is furnished, given or tendered to, or obtained by
inlbrrnation
the Cornmission iu connection with its operations.
OI
(locumenls. (2) An order rrade by the Conrnrission under subsectiolr ( I ) nray be
expressed to have effect for such period as is specified in the ordel rvhich
shall not be less tlran two years, but the order shall not have effect where that
order was made in connection with an investigation or irrquiry conducted by
the Comrnission, after the conclusion of that investigation or inquiry.
(3) A person rvho, contrary to an order made by the Comnission under
subsectiorr ( l). publishes or cornrrunicates arry infornration, document or
evidence cornurits an offence and is liable on conviction to a fine not exceeding
N1,000,000.00 in the case olan ind ividua I and N50,000,000.00 irr the case of
a body corporate.
36. A person who destloys any record which may be required by the
Deslruct ion
of records. Comrrrission for the perfonnance of any of its functions under this Act, lvith
intent to mislead the Commissiotr or to prevenl or impede any investigation or
inquiry under th is Act, conrmits an offence and is liable orr conviction to a ternr
of inrprisonnrent lor three years or a fine nol exceeding N50,000,000.00 or
both the fine and irnprisoutnent.
--- PAGE 27 ---
Federal Contpetition and Consunter 2019 No. I A25
Act,2018 i
Protection
37.-{ l) Where the Comntission, at any stage of an investigation or Disconlinu-
inquiry under this Act, is ofthe opinion that the matter being investigated or ance o1'
subject to inquiry does not.iustily further investigation or inquiry the Corlmission inquiq or
inr estigation
may discontinue the irrvestigation or inquiry.
(2) Where the Comrnission discontinues an investigatiorr or inquiry it
sha ll, within l4 days thereafter, give written notice to tlre parties concerned in
the investigation or inquiry, statingthe reasons for discontinu ing the investigation
or inquiry.
38.-{ l) Subject to regulations made by the Conrmissiou, appeals frorn Appcals
any decision of the Commission shall lie to the Tribunal established under
section 39 of th is Act.
(2) The Comrnission shall adopt regulations specilying all relevant
procedures and requirements in relation to appeals urrder subsection ( l) of
th is section.
Panr VII-THr Covprrrrror AND CoNSUT!.rER PnorrcrroN TnrsuNeL
39.-( I) There is established under this Act, the Competition and Establishmenl
Consumer Protection Tribunal (in this Act referred to as "the Tribunal"). olthc
Com pet it ion
(2) The Tribunal shall adjudicate over conducts prohibited r-rnder this Act and
and exercise thejurisdiction, powers and autholity conferred on it under this Consumer
Act ol any othel enactment. Protection
l ribunal.
(3) The Tribunal shall keep records of its proceedings and havej urisd iction
throughout the Federation.
40.-{ l) The Tribunal shall consist of:- Com pos it io n
o l'the
(a) a chairman, rvho shall be a legal practitioner rvith rrot less than l0
Tribunal.
years post-call and cognate experience in the field ofcompetition, corrsumer
protection or comnlercial and industrial larv; and
(D) sir other rnembers, with at least l0 years professional experience in
auy one or nrore ofthe follorving educational fields-
(l) conrpetition and consumer protection law.
(il) commerce and industry,
(ill) public affairs,
(n,) economtcs,
(,') finance, or
( bLrs iness adrrinistration or nranagement
''r)
{,
--- PAGE 28 ---
A26 2019 No. I Federol C'ontpetition and Con.sunter
Fiotection Acr,2018
(2) The Chairman and other members ofthe Tribunal shall be appointed
by the President subject to confirmation by the Senate.
Tenure of 41. A member ofthe Tribunal shall hold office for a term offive years
oltice. and no more fronr the date of assumptiorr of office or upon the attainmerrt of
70 years of age.
Disqualifica- 42, A person is not qualified to serve on the Tribunal ifthe person is-
tion fiom
(a) an un-d ischarged bankrupt
membership ;
ofthe (D) under any order ofa competent court, declared mentally unfit
;
Tribunal
(c) a convicted felon under the laws of Nigeria
;
(d) found guilty of serious rnisconduct incapacitating the person fronr
carrying out the functions of the office ; or
(e) found to have been engaging in any activity that nray undermine the
integrity of the Tribunal.
Resignation 43.-{ l) A member ofthe Tribunal nray, by a written notice, addressed
and renror al to the Minister, resign frorl office, provided that the nrenrber shall, unless
perrnitted by the Minister to relinquish office sooner, continue to hold office
until the expiry oftlrree rronths from the date ofreceipt ofthe notice colrveying
the resignation or until a person duly appointed as a successor assuntes office
or until the expiry ofthe term ofoffice, rvhichever is earlier.
(2) A menrber of the Tribunal may be removed from office by the
President-
(a) on grounds of gross nrisconduct, after due inquiry has been rnade
and the member concerned infornred of the reasons for the renroval and
given an opportunity of being lreard in respect ofthe reasons ;
(D) on grounds ofincapacity on account of ill health ; or
, (c) for failure to satisfy the requirements ofsection 42 of this Act.
(3) Any exercise ofthe powers of tlie President under this section sha ll
be based on the recommendation ofthe NationalJudicial Council.
Fillin-s ol 44. Where for reason otlrer than tenrporary absence, any vacancy occurs
r acancics in the Tribunal, a successor shall be appointed in accordance with the provisions
ofsection 40 (2) of this Act to fill the vacancy.
Registrar of 45. The Tribunal shall appoint a Registrar rvho shall be a person q ualified
the Tribunal to serve as the Registrar of a High Court, and shall-
(a) subject to the general control olthe Conrmission, be responsible for
keeping records ofthe proceedings ofthe Tribunal
;
--- PAGE 29 ---
Federal Conrpetitiott and Cottsumer 2019 No. I 427
Proleclion Act,2018
fbr-
(D) be the head ofthe Registry and responsible
(i) the day.to-day adrninistration ofthe Tribunal, and
(ii) the direction and corrtrol of all other employees ofthe Tribunal.
46.--{ l) The Tribunal shall appoint such other employees as it deems Oiher slall
necessary for the efficient performance ol the fr-rnctions of the Tribunal and ofthc
Tribunal.
the renruneration ofpersons so employed shall be deternrined by the National
Salaries, Incomes and Wages Commission.
(2) Employment in the Tribunal shall be subject to the provisions ofthe Act No. .l
Pension Reforrn Act and officers and ernployees of the Tribunal are entitled 201.1.
to pensions and other retirement benefits as are prescribed under the Pension
Reform Act.
to-
47.---( I ) The Tribunal shall have polver Jurisdiction
ofthe
(a) hear appeals from or revierv any decision of the Commission taken
Tribunal.
in the course ofthe implementation ofany ofthe provisions of this Act as
it;
rnay be referred to
(b) hear appeals from or revieu,any decision from the exercise ofthe
powers ofany sector ofspecific regulatory authoriry in a regulated industry
in respect of cornpetition and consumer protection matters ;
(c) issue suclr orders as nray be required of it under this Act ; and
(d) nrake any ruling or such other orders as may be necessary or incidental
to the performance of its functions under this Act.
(2) Notwithstanding the provisions of sutrsection (l ) (D), all appeals or
request for review of the exercise of the porver of any sector of specific
authority shall first be heard and determined by the Cornnrission before suclr
appeals can lie before or be determined by the Tribunal.
48.-{ l) The Chairman of the Tribunal shall be responsitrle for tlre
Management
managemerrt and assignrnent ofcases before the Tribunal to the other members ol'the s ork
olthe
ofthe Tribunal.
Tribunal.
(2) For the purpose of subsection ( | ), members ofthe Tribunal shall be
constituted into Panels ofat least three members.
(3) Further to the provision ofsubsection (2), the Chairman shall ensure
that at least one menrberofeach Panel has requisite legal training, experience
and good knowledge ofcompetition and consumer protection matters.
(4) The Chairman shall designate a memberto preside over proceedings
of a Panel at any sitting.
--- PAGE 30 ---
A 28 2019 No. I Federal Coneelilion and Consunrer
Protection Act, 2018
(5) Where, as a result of rvithdrawal fronr a hearing for lhe reason
stated in section 49 (2) of this Act or for any other reason, a lnenrber of a
Panel is unable to complete the proceedings in a matter assigned to that Panel,
shall-
the Chairman
(a) direct that the hearing ofthat rnatter proceed before the remaining
mernbers ofthe Panel, subject to the requirements ofsubsection (4), or
(b) tenninate the proceedings before that Panel and constitute another
Panel, which may include any nrenrberofthe original Panel and direct that
panel to conduct a new lrearing.
(6) The decision ofa Panel on a u'latter referred to it shall be in writing
and include reasons for tlrat dec ision.
(7) The Tribunal may extend or reduce a period prescribed for the taking
or doing ofany action required to be done under this Part.
(8) A decision ola Panel contemplated in subsection (6) or ofa nra.iority
ofthe menrbers ofa Panel shall be the decisiorr of the Tribunal.
49.-(1)
Disclosure of A member of the Tribunal is not entitled to sit on a Panel if,
inreresl b1 during the hearing, it appears to the Tribunal that the nratter concents a financial
members ola or other interest of that nrember.
panel
(2) A rnenrber affected by the provision ofsubsection ( l) shall
(a) irnmediately and fully disclose the lact and nature ofthe interest to
the Chairrnan arrd to the presiding nrenrber at that hearing ; and
(D) rvithdraw fronr any further involvement in that hearing.
50.{
Procedural I ) The Tribunal may make rules regulating its procedures.
rules of the
(2) The Tribunal shall, for the purpose ofdischarging its duty under th is
Tribunal.
to-
Act. have power
(a) surnmon and enforce the attendance of arry person, including the
power to examine a person under oath :
(D) require the discovery and productiotr ofdocunrents
;
(c) call for and examine witnesses under oath
;
(d) receive evidence on affidavits : and
(e) do anyhing which, in the opinion ofthe Tribunal, is deenred necessary
to issue a final arrd reasoned decision orr the nrerit of the matter before it.
--- PAGE 31 ---
Federal
Contpetition
and C,on.s,ltner
Protection,4ct 2019 No. I
,20t8 A2g
51.-{
(a) a pr I o ) h T ib he it e T d r i p b r u a n c a ti l c n e r ay inrpose adm inistrative penalties only for_ Pou ers of
under this Act ; or the Tribunal
oi
,,,.(+],flili'"'avention or rai l L';re to comply with, an interim to impose
order of penalties
(2) An
adnr irr istrative
exceed r0% "1r;,;;i l ; f ; f ; i ; ;;;lil''i'?: i":*tl under subsection ( I) sharr not
r,om rv ;ge.ia ;:iJp*?;::lJ,Il::l:, irr N igeria,,, ; i; ;;;;;.
_ Ir r . b . u n ( a 3 l ) s W ha h l e l n c o d n et s e i r d m e i r n _ in p -an appropriate penalty under subsection (l),
the
(a)
the nature, duration
il;f#J};l:
(D) any oss :ffi illllJillll
"; ;i,.l:
(r) "-
the behaviour ofthe defaulting parry , ;
(d) the nrarket circunrsli
;;
(e) the,eve, ;;ll:?*},]n:::fi.;:';l;:i1", took p,ace
;
",
L ^ .o ( m /) m t i h s e s io d n e g a r n e a e r t r o .,. w r. h io ic u h r ll r i r i r d e e ," fa r" u ,, , l . t , in ^ g ^ - p " a " r . r y "v h s a rr s ( r c u o ll _ o . perarecl with the
.",lPJ['ff
: ii:J:f;lil';,*"xl?,[] ff:i:us,v been ro,rn d to be in
52.11
sett any ponio ) r r T ; h ; e r i T ; r ; i ; b , u [ n :, a : l a m v ,v ,n1tat.k1e- a^_n o ^ r d r er direcring
Act--
under.this -- -,.,ur... i,,,.r.r, "r^*,.,f ;il"*;yJ:3iT;il;iJ; Pou ers of
the I ribunal
A
.
c
(
t
a
:
)
o
c
r
a nnot adeq,u at.e_l.y.,
be remedied under any oth er provis ion of th is o
to
f
o
a
r
s
c
s
l
e
e
l
r
s
saic
(6)
is substantiallv
a
ll ,1 ;ffi .":il,ilil.il[.J,1|1n g o f c o n d u c, p re v i o u s,y
T iJ:::,ill
i
r c e o g rn a p rd lia t D o c , e h . a r . rd ;; r ; n ; v :; o i ,t .r, ts .l rr i n il t th '9 at : t : lt t e t : T i r ib r t r I n ) a rn lc a o y r r p s r i o d v e i . d ' e a P fo P r r o ri P n r r i e a - t l e r ' a rne for
having
;;;erc
5J. The Tribunar ,nr,""t"'"i'h;;;;;'
j,h!f ,'#.T,::,ffi
:'[::,T3i:,1 Access to
;lr"1 l::ii:!xTi:.J:.ti1Tfi
records of
required ,ua.r,r,. pio"r;r',.'J:1i::lltl" Io protect co,fid"rtirt inro.,rlr,in
or any other .nu.ni-,.nr. "'""s oI thls Act and regulations n-,uo. ,na..,r,i. a u l, . the Tribunai
--- PAGE 32 ---
A 30 2019 No. I Federal Compelilion and Consunter
Proiection Act,2018
Registration 54. An order, ruling, award orjudgrnent ofthe Tribunal shallbe-
and
entbrcement (a) binding on the parties before the Tribunal ; and
of the (b) registered rvith the Federal High Court forthe purpose ofenforcerlent
ol
decisions
only.
the Tribunal.
55.{l)Any
Judicial party to a proceeding rvho is not satisfied with a ruling,
rer ierr b1' award orjudgment ofthe Tribunal may appeal to the Court ofAppeal upon
the Coun of giving notice in writing to the Registrarto the Tribunal within 30 days after the
Appcal,
date on rvhich the ruling, arvard orjudgment was given.
(2) A notice ofappeal filed pursuanl to subsection ( l) shall set out all the
grounds on rvhich the revierv is sought.
(3) Upon the receipt ofa notice ofappeal under subsections ( l) and (2),
the Registrar to the Tribunal shall cause the notice to be given to the Chief
Registrar of the Court ofAppeal along rvith the record ofproceedings and
exhibits tendered at the hearing before the Tribunal.
56.{
Risht ro leeal I ) Any parq to a proceeding before the Tribunal nay either appear
rBpresentation. in person or authorise one or more legal practitioners or any of its officers to
represeut the party before the Tribunal.
(2) Where a party or its representative is unable for good cause to attend
a hearing before the Tribunal, the Tribunal nray adjourn the hearing for such
reasonable time as it deems fit, or admit the matter to be nrade by some other
person or by rvay of a rvritten address.
Pa.r nrent of 57. The Chairmarr and other rnembers ofthe Tribunal shall be paid such
allorr ances allorvances, emoluments and benefits as the Federal Government may approve.
and
emoluments
ofmembers
ofthe
Tribunal-
58.{
Funding of l) The Tribunal shallestablish and rnaintain a fund, which sha ll be
-l
lhe ribunal applied torvards the perfonnance of its furrctions under this Act.
(2) There shall be paid and credited into to the Fund establislred under
I
subsection ( I
(a) annual subventions and budgetary allocations fronr the Federal
Covernment rvith respect to recurrent and capital expenditures ; and
(D) fees collected for services rerrdered by the Tribunal under this Act,
and such other sums of rnoney as nray be provided by the Federal
Covernment for the Tribunal.
--- PAGE 33 ---
Federal Competition and Cottsumer 2019 No. I A31
Protection Act,2018 i
-
(3) The Tribunal shall, at the end ofeach financial year, submit its budget
for the following year to the Minister.
(4) The Minister sha ll ensure that adequate budgetary provision is made
for the payment of emoluments and allowances of rrembers and staff of the
Tribunal including all other expenditures of the Tribunal for the efficient
discharge ofthe duties and respon sibilities ofthe Tribunal under this Act.
Penr VIII-Rc srRrcrrvE AcnrrurNrs
59,-( l) Any agreement among undertakings or a decision of an Proh ibition
associatiorl ofundertakings that has the purpose ofactual or likely effect of of
prcventing, restricting or d istol.t ing competition irr any nrarket is unlawfuland, a-sreements
subjectto section 6l of thisAct, void and of no legal effect. in reslraint
of
(2) The prohibited acts uuder subsection ( l) include, in particular- competition
(a) directly or indirectly fixing a purchase or selling price ofgoods or
services, subject to section 107 of this Act
;
(D) dividing markets by allocating customers, suppliers, territories or
specific types ofgoods or services
;
(c) linriting or coutrollirrg production or distribution ofany goods or
services, nrarkets, technical development or investment, subject to
section 108 of this Act
;
(d) engaging in collusive tendering, subject to.section 109 of this Act or
;
(e) rnaking the conclusion ofan agreement subject to acceptance by the
other parties ofsupplementary obligations which, by their nature or according
to commercial usage, have no connection with the subject ofsuch agreement.
60. The provision ofsection 59 ofthis Act shall not apply to an agreement Agreements
anrong undertakings, or a decision of an association of undertakings, or a authorised
b)'rhe
category ofagreements or decisions ofassociations ofundertakings, the entry
Commission.
into which is authorised by the Cornrnission, provided that the Commission is
satisfied that the agreement or decision-
(a) contributes to the ilnprovement olproduction or distribution ofgoods,
services or the promotion of technical or econotnic progress, while allowing
consr.rr.ners a fair share of the resulting benefit ;
(D) imposes on the undertakings concerned only such restrictions as are
indispensable to the attainment of the objectives referred to in paragraph
(a) of this section ; and
(c) does not afford the undertakings concerned tlre possibility ofelirninating
conrpetition in respect of a substantial part of the goods or services
concerned.
--- PAGE 34 ---
32 I Federal Cotnpetition and Consunrer
A 2019 No.
Protection Act, 2018
Prohibition 61. An undertaking or association of undertakings shall not request
of another undertaking or association ofundertakirrgs to refuse to sell or purchase
agreements any goods or services with the intention of harming certain undertakings.
containing
erclusionary
pror isions.
Agreements 62,-( l) No two or trore undeftakings shall enter into any agreernent
to-
b1. whereby they undertake
suppliers.
(a) withhold supplies of goods or services from dealers (whether parties
to the agreement or not) who resell or have resold any goods or services in
breach of any condition as to the price at which those goods or services
lnay be resold ; or
(D) refuse to supply goods or services to the dealers referred to in
paragraph (c) except on terms and conditions that are less favourable than
those applicable to other dealers carrying on business in similar
circumstances-
(2) No two or more undertakings slrall enter into, or carry out, any
agreement authorising the recovery ofpenalties, lrowever described, by or on
behalfofthe parties to the agreement frorn dealers who resell or have resold
goods or services in breach ofany conditiorr described in paragraph (a).
Prohibition 63.-( I ) Any term or condition of an agreemeut for the sale of any
of minimum goods or services is void to the extent that it purports to establish nrinimum
resale price prices to be charged ou the resale of the goods or services in Nigeria.
maintenance
(2) Subject to the provisions ofsubsections (3) and (a), no undertaking
or its agent shall-
(a) include in an agreement for the sale ofgoods or services, a term or
condition which is void under th is Act ; or
(D) notifo dealers or otherwise publish on or in relation to any goods or
'services, price stated or calculated to be uuderstood as the minimurn price
which may be charged on the resale of the goods or services in Nigeria.
(3 ) The prov is ions of subsection (2) (a) do not affect the enforceability
ofan agreement except in respect ofthe terrrr or condition wlrich is void under
this Act.
(4) Nothing in tlris section shall be coustrued as precluding an undertaking
or associatiorr, or person acting ort the undertaking's behalf, from notifying the
dealers or otherwise publishing prices recotntneuded as appropriate for the
resale ofgoods or services supplied or to be supplied by that undertaking.
--- PAGE 35 ---
I
Federal Contpetition and Consunter 2019 No. A33
Protection Act, 2018
64.-( l) The provisiorrs of section 63 of this Act sha ll apply to patented Paten ted
goods, including goods made by a patented process. products
(2) Notice ofany term or condition which is void under section 63 ofthis
Act, or which would be so void if included in an agreement relating to the sale
of patented goods, is of no effect for the purpose of lirriting the right of a
dealer to dispose ofthose goods without infringenrent ofthe patent.
(3) Nothing contained in tlris Act or this section shall affect the validity,
as between the parties to an agreenlent and their successors, of any ternt or
condition of -
(a) a licence granted by tlre proprietor of a patent or a licensee under
any such licence ; or
(b) any assignment of a patent so far as it regulates the price at
which goods produced or processed by the licensee or assignee may be
sold by him.
65.-{ I ) No undertaking slrall withhold supplies of any goods or services Maintenance
frorn a dealer seeking to obtain them for resale on the ground that the dealer- of minimum
resale prices.
(a) has sold goods or services obtained either directly or indirectly frorn
tirat undel-taking at a price below the resale price or has supplied them
either directly or indirectly to a third party who had done so ; or
(6) is likely, if the goods or services are supplied to that dealer, to sell
them at a price below the resale price, or supply thenr either directly or
indirectly to a third parry who would be likely to do so.
(2) In this section, "the resale price", in relation to a sale ofany description,
price-
means the
(a) notified to the dealer or otherwise published by or on behalfofa
supplier ofthe goods or services in question, whether lawfully or not, as the
price or nrinimum price which is to be charged on or is recommended as
appropriate for a sale ofthat description ; or
(D) prescribed or purporting to be prescribed for that purpose by an
agreement between the dealer and an1, supplier.
(3) Where, under this section, it would be unlawful for an undertaking to
withhold supplies ofgoods or services, it is also unlawlul for the undertaking
to cause or procure any other undertaking to do so.
66.-( I) For the purposes of this Pafi, an undertaking shall be treated Withhold ing
ifl-
as withholding goods or services from a dealer of products
Itom a
(a) the undertaking refuses to supply those goods or services to the
dealer b1 a
order of the dealer supplier
;
--- PAGE 36 ---
A34 2019 No. I Federal Conrpetition and Consumer
Prolection Act,20l8
(D) the undertaking refuses to supply those goods or services to the
dealer except at prices or on terms or conditions as to credit, discount or
other matters rvhich are significantly less favourable than those at or on
which the undertaking normally supplies those goods or services to other
dealers carrying on business in similar circumstances ; or
(c) although the undenaking enters into an agreement to supply goods or
services to the dealer, the undertaking treats the dealer in a manner
significantly less favourable than that in which it norrrally treats other dealers
in respect of times or methods of delivery or other matters arising in the
execution of th6' agreement.
(2) An undertaking shall not be treated as withhold ing goods or serv ices
on any ground nrentioned in this Part if in addition to that ground, the undertaking
has other grounds which, standing alone, would have led the urrdertaking to
withhold those goods or services.
(3) Subject to subsection (5), where in the proceedings brought against
an undefiaking in respect of a contravention of the provisions of subsectiorr
(l ), the matters specified in subsection (4) are proved, it shall be presurrred,
unless the contrary is proved, that the goods or services concerned were
withheld on the ground that the dealer had acted or rvas likely to act as
described in subsection ( l).
(4) The nratters referred to ir.r subsection (3) are-
(a) supplies ofgoods or services were withheld fronr a dealer;
(b) during a period ending immediately before the supplies were so
withheld, the undertaking was doing business with the dealer or was
supplying goods or services of the same description to other dealers carrying
on business in sirnilar circun-rstances ; and
(c) the dealer, to the undertaking's knowledge, lrad within the preceding
six nrontlrs, acted as described in subsection ( l) ofthis Act or had indicated
its intention to act in relation to the goods or services itr qLtestion.
(5) The provisions ofsubsections (3) and (4) shall not apply where tlre
proof that goods or services were withheld consists only of evidence of
requirements imposed by the urrdertaking in respect of the tirne at which or
the fornr in which payment was to be rnade for goods or services supplied or
to be supplied.
--- PAGE 37 ---
Federal Contpetition ond Consunter 2019 No. I A35
Protection Act,20l8 .
.
67.-{ I ) Wlrere the Conrrrrission detemrilres that an agreement or decision Complainls
coutravenes the provisions olthis Act, it shall serve an order on the parties to and
of
coucerned stating the reasons for its decisiou and requiring the paries to issuance
notice b1 the
cease their anti-competition practices.
Commission
(2) Any person who has suffered a loss as a result of any restrictive of restrictir e
agrecments
agreement or decision rnay nrake a corrrplaint to the Comrnission and the
Courmission rnay, if it is satisfied that the circunrstances ofthe case so lvarrant,
exercise any ofthe powers granted to it under this Act as it deems fit, including
nraking interim orders nrandating the cessation of the restrictive agreement
pending the corrclusion of investigation.
(3) Any person who may have suffered loss asa result ofthis agreements
or not satisfied with the decision of the Commission ma)'apply to theTribunal
for review.
68.-( I ) Nothing in th is Act prohibits- Erceptions
(n) combinations or activities of ernployees for the reasonable protection
of employees
I
(D) arrangerrents for collective bargaining on behalf of employers and
employees for the purpose of fixing rninimum terms and conditions ofl
ernployment;
(c) activities ofprofessional associations designed to develop or enforce
standards of professional qualifi cations :
(rI) a contract or an arrallgement among partners, none of rvhom is a
body corporate, in so far as it contains provisioni in relation to the terms of
the partnership or the conduct ofthe partnership business or in relation to
competition between the partnership and a party to the contract, arrangement
or understanding while that parry is, or after that parry ceases to be a
partner;
(a) a contract ofservice or a contract for the provision of services in so
far as it contains provisions by which a person, not being a body corporate,
agrees to accept restrictions as to the work, rvhether as an employee or
otherwise, in wh ich that person may engage during or after the termination
ofthe contract and this period shall not be rnore than two years ;
(/) a contract for the sale ofa business or shares in the capital ofa body
corporate carrying on business in so far as it contains a provision that is
solely for the protection ofthe purchases in respect of,the goodwill ofthe
body corporate ; or
--- PAGE 38 ---
A 36 2019 No. I Federal Cot,ryetilion and Consunter
Protectiott Act,2018
(g) any act done to give effect to a provision of a contract or an
(f)
arrarrgen'lent referred to in paragraphs (o) to of th is subsection.
(2) With respect to professional services subject to the regulation of
professional bodies, the Commission may issue guidelines for the application
ofcertain provisions ofthis Act to the supply ofservices or conduct of business
by members of such prolessional associations.
(3) Forthe purposes of subsection (2), the Comrnissiorr shall, fronr tinre
to time, publish a list ofprofessional bodies to whorn the subsection applies.
(4) Any privilege or exemption granted by rhe Cornmission under
subsection ( l) shall be consistent with the provisions ofthis Act.
(5) The Commission shall, as it considers appropriate, develop and publish
procedural rules to be applied to group inquiries.
Oflences and 69,-( l) An undertaking that rnakes or enters into an agreenlent or
pena lt ies decision declared unlawful underthis Part cornnrits an offence and is liable on
undcr this is-
conviction where the undertaking
Part.
(a)
a natural person, to inrprisonmerrt not exceeding a term of five
years, or to a fine not exceeding N5,000,000.00 or both the fine and
inrprisonment;and
(D) a body corporate, to a fine not exceeding I 0% of its turnover irr the
preced ing business year.
(2) Where the offence is conrmitted by a body corporate, each director
ofthe body corporate shall be Iiable to be proceeded against and on conviction
dealt with as specified in subsection ( l) (a).
(3 ) An undertaking that fails to obey an order served by the Comm ission
under subsection ( l) of section 67 ( I ) of this Act commits an offence and
is-
where the undertaking
(o) a natural person, it is liable on convictiorr to inrprisonment for a ternr
not exceeding three years, or to payrllent of a firre not exceeding
N50,000,000.00 or both the fine and imprisonment ; or
(D) a body corporate, it is liable orr convictiorr to a fine not exceeding
I 0% of its turnover in the preceding business year.
(4) Where the offence is comnritted by a body corporate, each director
ofthe body corporate shall be liab le to be proceeded against and on conviction
dealt with as specified in subsection ( l) (zr).
--- PAGE 39 ---
I
Federal Contpetition and Consunrer 2019 No. A37
Protection Act,20l8
PnHr IX-Anuse on n DovtNaNr Postrton
70.--{ l) For the purpose ofthis Act, an trndertaking is considered to be Dominant
in a donrinant position if it is able to act rvithout taking account ofthe reaction position and
oi
abuse
of its custonrers, consun'lers or competitors.
dom inant
(2) A dominant position in a relevant market exists where an undertaking position in
enjoys a position of economic strength enabling it to prevent eff,ective the reler ant
markel.
competition being maintained on the relevant tnarket and having the power to
behave to an appreciable extent independently of its competitors, customers
and ultirnately consumers.
(3) The Commission shall publish the size of ttrarket share tlrat nray
constitute dominant position in particular markets.
71. For the purpose of delineating the relevant tnarket uttder this Act, Criteria fbr
the-
the criteria that shall be taken into account include identifl ing
the rele'\ ant
(a) geographical boundaries that identify groups ofsellers and buyers of market.
goods or services within which conrpetition is likely to be restrained
;
(D) goods or services wlriclr are regarded as interchangeable or
substitutable by the consurner by reason oftheir characteristics, prices and
the intended use ; and
(c) suppliers to which consumers may turn to in the short term, if the
abuse of dominance leads to a significant increase in price or to other
detrirnental effect upon the consumer.
72,-(l)
Subject to the provisions of subsection (3), any a6use by one or Abusc ola
rurore undertakings of a dominant position in a nrarket is prohibited. dominant
posit ion
(2) For the purposes of this Act, an abuse of dominant position occurs prohibited.
where one or more undertakings in a dominant position-
(a) charge an excessive price to the detrintent of consumers
;
(D) refuse ro give a competitor access to an essential facility when it is
econonrically feasible to do so :
(c) engage in an exclusionary act, other than an act listed in paragraph
(d), if the anri-conlpet itive effect of that act outweighs its technological
efficiency and other pro-competitive gairrs : or
(d) engage in any olthe lollowing exclusionary acts, unless the firm
concerned can show technological efficiency and other pro_competitive
gains which outweigh the anti-competit ive effect of its act_
(i) requiring or inducing a supplier or custonter not to deal with a
cotnpetitor,
--- PAGE 40 ---
38 I Federal Conryelilion and Cortsunrcr
A 2019 No.
Prolectiott Act,2018
(ii) refuiing to supply scarce goods to a conrpetitor rvhen supplying
those goods is economically feasible,
(iii) selling goods or services on condition that the buyer purclrases
separate goods or services unrelated to the object ofa contract, or forcing
a buyer lo accept a condition unrelated to object ofa contract,
(iv) selling goods or services below their marginal or average cost, or
(v) buying up a scarce supply of intermediate goods or resources
requ ired by a competitor.
(3) For the purpose ofassessing market dominance, accor.lnt shall be
of-
taken in particular
(a) the market share ofthe undertaking or underlakings concerned in
the relevant market l
(D) its or their financial power ;
(c) its or their access to supplies or markets :
(rl) its or their links rvith other undertakings ;
(e) legal or factual barriers to market entry by other undertakings ;
(/) acrual or potentialcompetition by undertakings established within or
outside the scope ofapplication ofthis Act :
(g) its or their ability to shift supply or demand to other goods or
services; and
(i)
the ability ofthe opposite market side to resort to other undertakirrgs.
if
(3) An undertaking shall not be treated as abusing a domirrant position
its conduct-
(zr) contributes to the improvement ofproduction or distribution ofgoods
or services or the promotion of technological or economic progress, while
allorving con'sumers a fair share of the resulting benefit
;
(6) is indispensable to the attainment of the objectives referred to in
paragraph (o) : and
(c) does not afford the undertaking the possibility of elinrinating
corupetition in respect of a substantial part of the goods or services
concerned.
(4) An undertaking may be considered as abusing its dominant position
rvith regard to subsection (3) (c) of this section if the Commission is satisfied
that its activities-
(a) have the effect ofunreasonably lessening competition in a market : and
(D) impede the transfer or dissemination oftechnology.
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73.-{ I ) Where the Commission finds that an undertaking has abused Consequences
or is abusing its donrinant position in a market, the Comrnission shall prepare a ofabuse ofa
reporl indicating tlre practices that constitutes the abuse and shall- dominant
posit io n.
(a) notify the undertaking of its findings accompanied by a copy ofthe
report;and
(D) direct the undertaking to imrnediately cease the abusive practice.
(2) The provisions of this section shall not apply to exclusive dealing
arrangen'lents or market restrictions between or among affiliated or
iuterconnected undertakings.
(3) An undertaking that abuses its dominant position in a market commits
an offence under this Act and is liable on conviction to a fine ofnot less than
I 0oZ of its turnover in tlre preceding business year or such higher percentage
as the court may determine under the circumstances ofthe particular case.
7 4.--<l) An undertaking that fails to cease an abusive practice after Penalties for
receiving an order ofthe Courmission to that effect comnrits an offence and is lailu re to
Iiable on conviction to a fine not exceeding l0% of its turnover in the preceding compll rr ith
a cease order
business year or to such higher percentage as the court may determine given
the circurnstances of the particular case.
(2) Any director of an undertaking that commits an offence under
subsection ( I ) is liable on conviction to irnprisonment for a term not exceeding
three years, or to payment ofa fine not exceeding N50,000,000.00 or to both
the fine and irnprisonment.
75. Where upon receipt ofthe directive under section 73 ( I ) (D) of this S uspen sion
Act, the undertaking or undertakings concerned subnrits or subrnit to the of
Commission the measures it or they propose to take to cease the abusive pun ish ment
practice and a timetable for giving effect to the measures, and the Comnrission
is satisfied as to the measures, the Commission rnay decide not to proceed
with the irrstitution ofaction that leads to the penalties prescribed in section 74
of th is Act against the undertaking or undertakings.
PART X-MONOPOLY
76. Where it appears to the Commission that tlrere are grounds for Pou el of
believing that a rnonopoly situation nray exist in relation to the production or the
distribution ofgoods or services ofany description, or in relation to exports of Commission
to
goods or services ofany description from Nigeria, it shall cause an investigation
inYestigate a
to be held into a particular sector of the economy or into a particular type of monopoll
agreements across various sectors to determine the extent ofthe situation in situation.
re lation to the rrarket.
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40 Federctl Contpe tition rtnd Cortsturter
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Detrmination 77. For the purposes ofthis Part, a nronopoly situation shall be taken to
ofa exist in relation to the-
mon opo l1
situation b] (a) supply ofgoods or serviqes ofany description ; or
the (D) inrport and export of goods and seryices of any description from
Conrrnission.
Nigeria, to the extent it has an effect on competilion in a market in Nigeria,
as u'lay be prescribed in regulations rnade by the Conrmission.
General 78. When conducting a monopoly investigation under section 77 olthis
porrers of Act, the Commission ma1'-
the
Commission (a) exercise any of its powers, as contained under section 30 ofthis
to obtain Act ; and
inl'ormation.
(D) require any person or body corporate to furnish the Commission with
such information as the Commission may consider necessary for the
purposes of conducting such investigation.
Supplemen- 79. Any power couferred on the Comnrission under this Act to require
tary a person or body corporate to furnish information shall be exercisable by
pror isions notice in writing served on that person or body corporate.
as to the
requirement
to furnish
intbrmation.
80.{
Penalties tbr I ) A person or body corporate who refuses or willfully neglects to
rel'usal to furnish to the Commission information required under this Act commits all
t'u rn ish offence and is liable on conviction to a fine not exceeding N I 0,000,000.00.
intbrmation
to the (2) A person who furnishes information or makes a statement required
Commission. by the Cornmission under this Act knowing that such statenrent is false in any
lnaterial respect or recklessly makes a statenrent whiclr is false in any material
way, commits an offence and is liable orr couviction to imprisonment for a
tepm not exceeding fwo years or to a fine not exceeding N2,000,000.00 or to
both the fine and imprisonment.
Order for 81. An order for a monopoly investigation under section 76 of this Act
monopoll shall-
inr estigation
(a) speci! the description ofgoods or services to which the order relates ;
(D) state whether it relates to supply, irnpoft or exporl of goods and
serv-ices;and
(c) specify the part ofNigeria in respect ofwtich the investigation is to
be lirrited where it is to be lirnited to a pafi of Nigeria.
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;
82. ( l) Any person or body corporate may rnake a request for a nronopoly Rcqucst tbr'
irrvestigation to tlle Conrmission. a nronopoll
inr estigation
(2) A monopoly investigation may be referred to the Commission by a
court, agency of the Governrnent of tlre Federation or any State or Local
Covernment of the Federation.
(3) A request made under subsection (l) shall be accompanied by an
affidavit deposing to the facts giving rise to the request.
(4) In respondingtoa request or referral referred to in subsections(l)
to-
and (2), the Commission may limit its report
(a) whether a nronopoly situation exists in relation to the nratters set out
in the request or reference
;
(b) where a monopoly situation is deterrnined to exist, which of the
provisions of th is Act is applicable ;
(r) the undertaking or undertakings in whose favour the rnonopoly
situat ion exists;
(fl the acts taken by way of anti-cornpetition practices or otherwise by
the undertaking or undertakings concerned to exploit or nraintain the
rnonopoly situation or to fufther an ant i-competitive practice ; and
(e) any act or ornission on the part of the undertaking or Lrndertakings
concerrred attributable to the existence ofthe monopoly situation and, ifso,
by rvhat rranner it is so attributable.
83, Where the Commission gives a direction under this Act with respect Not ification
to a request for or a referral of a rnonopoly investigation, tlre Commission ofa rcquest
shall notify all relevant parties in writing and shall place a notice ofsuch tbr a
monopoll
direction on the rvebsite of the Commissiotr.
in\ cstigali0n
84.-( I ) The Commission shall lurnish to the Tribunal reports on Iieport on a
conrpleted rnonopoly investigations at such tinres or intervals as may be agreed nronopoll
lrom tirne to time betweerr the Tribunal and the Comnrission. inr cst igation
(2) In rnaking a report on a nronopoly investigation, the Conrnrission sha ll
include in the report definite conclusions on the questions or issues that
pror.npted the investigation, together rvith an accourrt of the Commission's
reasons for those conc lu s ion s.
(3) Where lhe Commission finds that a monopoly situation exists and
that facts found by the Conrnrission in pursuance of its investigation operate
or may be expected to operate against the public interest, its report shall specify
those facts and the particular effects which in the Commission's opinion, those
facts have or n.ray be expected to have.
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(4) The Commission-
(a) shall, as part ofany investigation under this Part, consider the actions
to be lrken to remcdy or prevcnt any adverse eflects resulting fi'orn a
tnonopoly situiltion and
;
(D) may, il it deenrs fit, i:.: lud: in its report on a monopoly invcsl igation
recommendations in suppcrt ol tlre actions to be taken.
(5) The phrase "action to be takeu" in subsection (4) (a) and (b) nreans
by-
the action to be taken
(a) the Minister orony othcr M inistcr ofthe Government of the Federation
or any depcrtment or agency of Covernment rvhere the resulting adverse
effects clfects the spherc ofresponsibility orthe statutor) fLrnction ofany
Minister or of any of tlre depaftn'leuts or agencies olGovernment ; or
(D) the undertaking or undertakings in rvhose favour the monopoly
sittration i:r q:restiorr ex ists.
Tinrc lianrc 85.-{ I ) Upon the comrreucemeut of a monopoly invcstigation uncler'
lbr n rcport this Part, the Commission si.rll spccily a peliocl rvithin rvhiclr the Cornnrission
on0
is to report on thc monopoly invc:li3'ltiou.
rnonopoll'
in\ csligation (2) Where a report of the Cornmission is not made before the end of the
period spccified by the Conrrnission under subsection (l) or ilone or morc
extended periods allorverl for nraking the leport under subsection (3) is not
met before lhe end of that extendecl peliod or of the last of those extencled
peliods, as lhe case may be, the investigation shall cease to have efl'ect ancl
no nction or, ifrction hns already been taken, no further action shall be tal<en
in relrtion to limt investigation.
(3) Where a monopoly investigation cuts flcross (he sphere of
lesponsibilities of more tlrru one Minister and the period ol'repolting on an
investigation has already be_en extended once or more than once under an1,
directiorr issued-under this subsection, a joint directive of all the Ministers
coircerned rnay be issue<l allor'.,irrg the Corrrnrission sucir extende<l pcriod to
rcpoff on thc rclcrcrrce rs nray bc spccifiect in the direction.
I)o\r crs ol' e5.-(l) Tlrc provisio;:s olil:i: scctio:r shall hrve eflect s'hcrc a leport
thc'l-ribunr! of thc Conrrnission or a monopoly in'rcstigation is referred to the Tribunal ivith
in [clrlion to llrc conclusions oflhe Conrnrission that-
x report on o
rnon o po I1 (n) a monopoly situation exists and that facts foLrnd by the Comnrission
irr cstlgntio:r in its investigntions opcratc ol nray bc cxpccted to operate. agnirrst the public
irrterest;anc!
--- PAGE 45 ---
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Federal Co rpetilion and Consnner 2019 No. A43
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(b) a reporr of the Comnission herein shall specify particular adverse
effects ofthe nronopoly situation to the public interest.
(2) The Tribunal rnay, brsed on 1hc fi nd ings cftlte Conrnrissiort pursuant
1o subsec'.ion (l), exercisc any of its porvets under this Act or urake suclt
orders as considered necessary for the purposc of rernedying or preventing
the aclvcrse efl'ects specifiecl in the report.
(3) An order of the Tribunal nrade un<lel subsection (2) may, in
lar-
pflt t icU
(n) declare an agreement to be unlaivful to suclr extent and in such
circumstarrces rs may be provided by this Act or regulations rnade under
tlris Act
;
(D) require any prrty to such rgreetnent as may be specified ordescribecl
in thc order to tcrminate the agrccrnent rvithin such time as may bc so
specifiec!, either rvhoily or to suclr cxrent as may be specified
;
(c) require a person supplying goocls ol services to publish a list ofpriccs,
u,itlr or rvithorrt suclr furlher irtlornratior; as may be specified ol dcsclibcd
in thc order
;
(rI) prolribit or restrict the acquisitio.: by arry undcrtaking oftlre rvhole or
'
p:rlt of rnothcr undcrlaliing; or'
(e) provide for the d ivision ofany undcltal<ing by the sale ofarry part olits
shares, assets or otherwise for rvhich purpose all the activities carried on by
\.\,ay of busirress by any one undertnl<ing or b1, any t\\,o or more interconnectetl
tundertrkirrgs rnry be lreated as a single business oi for the division oFany
group of iuterconncctcd LrnCertrkirrgs an<l fol all such matters asinry bc
ncccssxry to effcct or llkc account ofthc division, including the-
(l) lransfer or vcst ing ol propcrty lights, liabilitiesorobligatiorr,
, (li ) adjustrnent olcontrxcts, u'hether by <lisbharge or reduction olany
lirbility qr obligation ol otheru,isc,
(lll) creation. allotntent, surrendcl or cancellation ofslrares, stocl< or
secu rit ies,
(lr) formntion or u'inding up ofan undefiaking or association, corporate
or un incorporr tecl, or lhe amendmcnt of the mernorandum and articles
. or olher instnrments rcgulrting any undefiaking or associatiorr,
(r') cxtcnt to s'lrich and the circrrnrslanccs in rvhich provisions ol'thc
ordel nllectii'.g an undertrking ol associntion in its share crpiirl,
constitutior.r or othet rnatters may be altcred by the undertaking or
associalion and tlre registration unclcl any enectrnent of the orrier by
Lrurlert:rkings or associllions so aflccted. or
--- PAGE 46 ---
, .:.1, :,,: ; -. t),1.\lltllL'1'
; I
:)'t,i:.-' I i o;:,t-C 2A i
ili) -:: :tinuatior-r ..., ith any ilecessar')/ change of parties of any legal
iricceedings.
{4) The reference in subsection (3) (e) to the division ofan undertaking
sha ll be construed as including a reference to the separation by the sale ofany
part ofany silares or assets concerned ofundertakings which are underjoint
control.
(5) ln ceterrnining whether or ilot and to what extent or in wlrat lnanner
to exercise auy'oiihe powers relerred to in subsection (2), the Tribunal shall
take into accor.rnt ihe objectives of thrs Act.
(6) Where a report made urrder subsection ( l) specifies that the
undemaking in whose favour the monopoly situation exists is a body corporate
fulfi lling the following conditions-
(a) that the affairs ofthe body corporate are rnanaged by its mernbers,
and
(6) that by virtue ofany enactment, those members are appointed by a
supervising Minister of that body corporate,
the Tribunal shall, ifrequested, receive representations from the Minister rvho
appointed members of that body corporate and shall consider such
'-representations before making any orders or exercising any powers.
(7) In relation to any such underlaking as is mentioned in subsection (6)
the powers exercisable under subsection (2) shall rrot include the porvers
specified in subsection (3)(e).
General 87.-<l) The provisions olthis section shall apply to an order made
pror isions under section 86 of this Act.
relating to
orders made (2)An order made under section 86 ofthis Act declaring certain acts to
under this be unlarvful shall apply to all undertakings or to such undertakings as nray be
Pal.l. specified or described in the order.
(3) Nothing in any order rrade under section 86 of this Act shall have
effect so as to apply to any undertaking in relation to its conduct outside
is-
Nigeria, unless that undertaking
(a) a citizen of Nigeria : or
Cap. C20, (b) a body corporate incorporated under the Cornpan ies and A llied Maners
1FN.2004 Act and carrying on business in Nigeria, eitlrer alone or in partnership with
one or rnore other undertakings.
--- PAGE 47 ---
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Federal C' ontpetrtion ernd Cottsunrcr 2019 No. A45
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.
(4) An order to which this section applies may be extended so as to
prohibit the carrying out ofany agreement already in existence on the date on
wh ich the order is made.
(5) Nothing in any order to which this section applies shall have the
effect as to restrict any act for the purpose of restraining an infringement ofa
Nigerian patent or so as to restrict any undertaking as to the conditions which
it attaches to a licence to do anything the doing olwhich rvould, but for the
licence, be an infringernent of a Nigerian patent.
(6) The Tribunal shall include, in an order made under section 86 ofthis
Act, the power to give any directive to a person, body corporate or association
to-
specified in the order
(a) take such steps within its competence as may be specified or
described in the directiorl for the purpose of carrying out, or securing
compliance with the order; or
(D) do or refr4in from doing anything so specified or described which the
person, body corporate or association may be required by the order to do or
refrain from doing, and may authorise the Minister in charge of the person,
body corporate or association to vary or revoke any directives so given.
(7) Prior to making any order under section 87 ofthis Act, the Tribunal
shall publish, iu suclr manner as it deems appropriate, a notice-
(a) stating its intention to make the order:
(6)
indicating the nature of the provisions to be embodied in the
order ; an d
(c) requesting any person, body corporate or association whose interest
is likely to be affected by the order and who is desirous of making
representations in respect of the order to do so in writing within 30 days
lrorn the date of publication ofthe notice for consideration by the Tribunal.
Pnnr Xl-Pnrce RrcuLnrroN
88. ( I ) For the purpose of regulating and facilitating competition only, Declaralion
the President may, from time to time, by orderpublished in the Federal Gazette, of price
declare that the prices for goods or services specified in the order shall be regulations.
controlled in accordance with the provisions ofthis Act.
(2) The President shall not make an order under subsection ( I ) unless
that-
the President is satisfied
(a) goods or services to which the order relates are or will be supplied
or acquired in a rnarket in which competition is limited or is likely to be
le.ssened;
--- PAGE 48 ---
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(D) it is necessary or desirable for the prices ofthose goods or services
to be controlled in accordance with this Act in the interest of users.
consumefs, or, as the case may be, suppliers ; and
(c) the declaration ofprice regulation is narrorvly designed, both in tenrs
ofduration and the Iist ofgoods and services affected, as is necessary to
remedy the effects ofthe absence of competition in the relevant rnarket-
(3 ) An order shall uot be rnade urrder subsection ( I ) prior to the subrnission
to the President ofa report ofthe Comlnission assessingthe state ofcompetition
in the relevant nrarket and providing reconrnrendations on the desirability and
likely effects of implementing price negulation or other remedies.
(4) An order nrade under subsection ( I ) shall identify the goods or services
by-
to which it pertains
(a) a descriptiorr ofthe goods or services
;
(D) a descliption ofthe kind or class ofthe goods or services
;
(c) a description ofthe market to which the goods or services belong ; and
(d) the specification ofthe sector ofthe economy affected or likely to be
affected.
(5) Any order made under subsection ( I ) shall spec ifo the date on wh ich
it shall expire.
89.{
Commlssion I ) The President rnay, by notice in writing, require the Commissior.r
to report to to repoft by such date as the President shall specify in the rrotice, on the need
the President to anrend, vary or revoke an order made under section 88 of this Act.
on price
rcgulation. (2) Upon the issuance of a notice to the Comrnission under
subsection ( I )-
. (a) the Commission shall chuse to be published in such manner as the
Commission may consider appropriate, includingthe mass media, a notice-
(i) stating that the requirement has been made arrd specifying the
nlatter to which it pertains, add
(il) inviting interested persons to present their views on that matter to
the Commissiorr, and specifying the time and manner within which they
may do so ; and
(b) the Comrnission shall not submit a report to the President until it has
given a reasonable opportunity to interested persons to furnish their views
in accordance with the requirernent of paragraph (a) (il).
(3) Tlre Cornmission rnay at its discretion recommend to the President to
amend, vary or revoke an order rnade under section 88 of this Act.
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Federal Competition ond Consut4er 2019 No. I A. 47
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(4) The President shall cause a copy of every report submitted by the
Comnrission underthis section to be published in such rnanner as it considers
appropriate.
(l)
90. For the purpose of this Part, "regulated goods" or "regulated
Regulated
services'' means goods or services in respect of rvhich there is, for the tinre goods or
being in force, arr order made under section 88 ofthis Act. serr ices to
be supplied
(2) Within a reasonable period after an order under section 88 ofthis Act in
is made, the Commission shallset and cause to be published an authorised accordance
u ith
price ofthe regulated goods or services that are tlre subject of the order.
authorised
(3) Following tlre publication of an authorised price by the Commission p r ices.
under subsection (2), an under-taking shall not supply the regulated goods or
services in Nigeria other than for the authorised price.
(4) Any provision ofan agreenrent in violation ofthe provisions subsection
(3) is unenforceable.
(5) A person who violates any of the provisions ofthis Part comnrits an
offerrce arrd is liable on conviction to a fine not exceeding N50,000,000.00.
(6) A body corporate that violates any of the provisions ol this Part
conrmits an offeuce and is liable on conviction to a fine not exceeding 100% of
the turnover ofthe body corporate in the business year preceding the date of
the comrnission of the offence.
(7) Each director of the body corporate referred to in subsection (6)
shall be liable to be proceeded against and on conviction dealt rvith as specified
in subsect ion (5 ).
91.-( l) Any Lrnderlaking that supplies or distributes regulated goods or Retention of
services sha ll retain allaccounting and costing records on the regulated goods accounlins
or services as the Comnrission rnay specify either in relation to suppliers or and costing
distributors ofthose goods or services generally or in relation to a particr"rlar records b1
suppliers or
supplier or distlibutor ofthe goods or services.
distributors.
(2) Arry undertaking that supplies or d istributes rcgu lated goods or services
shall retain the records referred to iu subsection ( 1) lor a period ofthree years
lrom the date olthe'ie vocal ion or expiry ofthe order in respect ofthe regulated
goods or services to rvhich they relate.
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Penr XII-Mencrns
Merger 92.-{l) Forthe purposes of thisAct-
deflned
(a) a merger occurs when one or more undertakings directly or indirectly
acquire or establish direct or indirect control over the whole or part ofthe
business of another undertaking; and
(6) a merger contemplated in paragraph (a) oi this subsection may be
achieved in any manner, including through-
(i) the purchase or lease of the shares, an interest or assets of the
other undertaking in question,
(ll) the amalgamation or other corrbination with the other under-taking
in question, or
(lii) ajoint venture.
(2) For the purposes ofsubsection ( l), au undertaking has control over
it-
the business ofanother undertaking if
(a) beneficially owns rnore tlran one halfofthe issued share capital or
assets of the undertaking ;
(D) is entitled to cast a nrajority ofthe votes that may be cast at a general
nreeting of the urrdertaking or has the ability to control the voting of a
majoriry ofthose votes, eitherdirectly orthrough a controlled entiry ofthat
undertaking;
(c) is able to appoint or to veto the appointment of a majority of the
directors ofthe undertaking
;
(d) is a holding company, and the undertaking is a subsidiary ofthat
Cap C20.
Lt-N.200.r company as conteurplated under the Cornpanies and Allied Matters Act.
(e) in the case of arr undertaking that is a trust, has the ability to control
majority of the votes of the trustees, to appoint the rnajority of the
.the
trustees or to appoint or chauge the rnajority of the beneficiaries ol the
trust;
(/) has the ability to rnaterially influence the policy ofthe undertaking in
a manner comparable to a person who, in ordinary commercial practice,
can exercise an element ofcontrol referred to in paragraphs (a) to (/).
(3) Forthe purposes ofsubsection ( I ), an undertaking shall not be deemed
to exercise control over the business ofanother undertaking where-
(a) credit institutions orotherfinancial institutions or insurance cornpanies,
the nonnal activities ofwlrich include trarrsactions and dealing in securities
for their own accor-rnt or for the accor.urt of others, hold on a tetnporary
--- PAGE 51 ---
Federal Compelilion ond Consumer 2019 No. I A49
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basis securities which they have acquired in an undertaking with a view to
reselling them, provided that they do not exercise voting rights in respect of
those securities with a view to determining the cornpetitive behaviour of
that undertaking or provided that they exercise such voting rights only rvith
a view to preparing the disposal of all or part ofthat undertaking or of its
assets or the disposal ofthose securities and that any such disposal takes
place within one year ofthe date ofacquisition; that period rnay be extended
by the Commission on request where such institutious or conrpanies can
show that the disposal was not reasonably possible rvithin the period set; or
(D) control is acquired by an office-holder according to the laws ofthe
Federation relating to liquidation, winding up, insolvency, cessation of
payments, cornpositions or analogous proceedings.
Act-
(4) For the purposes of th is
(o) a ''snrall nrerger" nreans a merger with a value at or below the
threshold stipulated by the Commission by regulations ; and
(b) a"lorge nterger" means a rnerger with a value above the threshold
stipulated by the Cornmission by regulations.
93. ( I ) Subject to the nolification threshold to be determined from time Commission
to time as set out in this Part, a proposed merger shall not be implenlented to appro\ e
unless it has first been notified to and approved by the Corrnrission. mergers.
(2) The Commission shall, by regulations, determine-
(a) a threshold ofannual turnover for the purposes of deterrnining the
categories of mergers contenrplated under section 92 (4) ofthis Act ; and
(6) a method for the calcu lation of anrlra I tulnover to be applied in relation
to the threshold determined under paragraph (a).
(3) Prior to making a determination conteurplated in subsection (2), the
Commissiorr shall publish, in the FederalCazette, a notice-
(a) setting out the proposed threshold and nethod of calculation for
purposes of this section ; and
(D) inviting rvritten subrnissions on that proposal.
(4) Within 60 days after publish ing a notice as required under subsection
(3), the Cornmission shall publish, in the Federal Cazette, a notice setting out-
(a) the threshold and method ofcalculation for the purposes of this
section ; and
(D) the effective date of the threshold.
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Considemtion 94.-( l) When considering a merger or a proposed rnerger, the
b1 the Comrnission shall-
Commission
ofell'ect ofa (a) determ ine whether or not the merger is likely to substantially prevent
merger on or lessen competition, by assessing the factors set out in subsection (2) ;
competil ion.
(D) if it appears that the rnerger is likely to substantially prevent or lessen
ine-
competition, then deternr
(i) whether or not the rrerger is likely to result in any technological
efficiency or other pro-cornpetit ive ga in which rv ill be greater than. and
off-set, or is likely to result fronr the nrerger, and would not likely be
obtained ifthe merger is prevented, and
(ll) whether the rnerger can or cannot bejustified on substantial public
interest grounds by assisting the factors set out in subsection (3) :
(c) otherwise, deterurine whether the merger can or cannot be justified
on substantial public interest grounds by assessing the factors set out in
subsection (3 ).
(2) When deternrining rvhether or not a merger or a proposed merger is
likely to substantially prevent or lessen competition, tlre Commission shall assess
the strenglh of competition in tlre relevant market and the probability that the
undertakings in the market, after the rrrerger, will behave cornpetitively or co-
operatively, taking into accour.rt any factor that is relevant to the competition in
that market, including-
(a) the actual and potential level of irnport cornpetition irr tlre market
;
(b) the ease of entry into the market, including tariff and regulatory
barriers;
(c) the level and trends of concentration, and history ofcollusion in the
nrarket;
(d) the degree of countervailing power in the nrarket;
(e) the dynamic characteristics ofthe rnarket, including growth, innovation,
arrd product dilferentiation
;
(/) the nature and exterrt ofvertical integration in the r-narket ;
(g) whether the business or part ofthe business ofa parly to the nrerger
or proposed merger has failed or is likely to fail ; and
(&) whether the tnerger or proposed merger will result in tlre rerroval of
an effective cotmpetitor.
(3) Where it appears that a urerger or proposed nrerger is likely to
substantially prevent or lessen contpetition, the Cornmission shall determine-
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Fedeiql Contpelition ond Consunter 2019 No. I
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(a) whether or not the lrerger or proposed nrerger is likely to result
in any technological efficiency or other pro-competitive advantage rvhich
wil I be greater than, and offset, the effects of any prevention or lessen ing
of competition, while allowing consunrers a fair share of the resulting
benefit ; and
(D) whether the merger or proposed rnerger can or cannot be justified
orr substantial public interest grounds by assessing the factors set out in
subsection (4).
(4) When determining rvhether a nrerger or proposed merger can or
cannot bejustified on grounds ofpublic interest, tlre Conrmission shallconsider
ou-
the effect that the merger or proposed rrrerger rvill have
(a) a particular industrial sector or region ;
(D) enrploynrent;
(c) the ability of national industries to compete in international
nrarkets; and
(r/) the ability of small and medium scale enterprises to becorne
conrpetitive.
95.-< l) A party to a small nrerger- Notitication
requircmenls
(a) is not required to notiry/ the Comrnission of that merger unless the
for a small
Commission requires it to do so in accordance rvith the provision of
rnerSer.
su bsect ion (3) I and
(D) may irnplement that rnerger rvithout approval, unless it is required to
notify the Comrr ission in accordance rvith the provisions of subsection (3 ).
(2) A party to a small merger nray voluntarilv notifu the Comnrission of
that merger at any time.
(3) Within six nronths after a smallrnerger is implemented, the Commission
nray require tlre parties to that nrerger to notifo it ofthe rnerger in the prescribed
rnanner and form if, in the opinion of the Conrmission, having regard to the
provisions of tlre section, the merger may substantially prevent or Iessen
colnpetitiotr.
(4) The notification ofthe rnerger referred to in subsection (3) shall be
published within five business days after receipt by the Commission.
(5) A party to a merger to which subsection (4) applies may take no
fufiher steps to intplenrent that merger until the merger has been approved by
the Comrnissiort rvitlr or without conditions-
--- PAGE 54 ---
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(6) Within 20 business days after parties to a small merger have fulfilled
the notification requirement refeffed to in subsection (3), the Commission
may extend the period in which it has to consider the merger by a single
shall-
period not exceeding 40 business days and, in that case, the Commission
(a) issue an extension notice to any party who notified it ofthe merger: or
(D) after having considered the rnerger as required under this sectior.l,
form-
issue a report in the prescribed
(i)
approving the merger,
(li) approving the merger subject to any conditions,
(lii) prohibiting implementation of the rnergel if it has not been
implemented, or
(ri,) declaring the merger to be prohibited.
(7) Where, upon the expiry of the 20 business days provided for in
subsection (6), the Commission has not issued the extension notice referred to
in subsection (6) (a) oa upon the expiry ofan extensiorr period referred to in
that subsection, the Commission has not issued a report refered to in subsection
(6) (D), the merger shall be deemed to have been approved.
(8) The Commission shall-
(a) publish a notice ofany decision it makes pursuant to this section in
the Federal Govemment Gazelte ; and
.
if-
(D) issue written reasons for the decision
(i) it prohibits orconditionally approves a merger, or
(il) requested to do so by a party to a merger.
Notification 96.-{l) A party to a large merger shall notify the Comnrission of the
ofa laroe merger in the prescribed manner and form.
merQer.
(2) The notification ofthe merger referred to in subsection (l) shall be
published within five business days after receipt by the Cornrnission.
(3) The primary acquiring undertaking and the primary target undertaking
to-
shall each provide a copy ofthe notice contemplated in subsection ( l)
(a) any registered trade union that represents the employees in the
acquiring and target undertakings respectively ; or
(D) the employees or representatives ofthe employees ofthe acquiring
and target undertakings, if there are no such registered trade uniorrs.
(4) The parties to a large merger shall not implement the merger unless
approved, with or rvithout conditions, by the Commission in accordance rvith
thb provisions ofthis Act.
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Federal Co rpetition and Consumer 2019 No. A53
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(5) Any action undertaken by any party in violation ofthe provisions of
subsection (4) is void.
(6) The Commission may exercise any of the powers available to it
under this Act to render void any violation ofthe provisions ofsubsection (3).
(7) An undertaking that violates the provision of subsection (4) commits
an offence and is liable on conviction to a fine not exceeding l0% ofturnover
of the undertaking in the business year preceriirrg the date of the commission
ofthe offence or to such other percentage as the court may determine having
regard to the circumstances of the case.
97,-{l) Within 60 business days after the parties to a large merger Pouer of the
have fulfi lled all notification requirements referred to in section 96 ofthis Act, Commission
the Commission- to e\tend the
period of
(a) may extend the period in which it has to consider the proposed merger consideration
to 120 business days and issue an extension notice to all parties to the ofa large
merger.
lnerger ; or
(D) after having considered the merger in accordance with the provisions
ofthis Act, issue a report in the prescribed form-
(i)
approving the merger,
(il)
approving the merger subject to conditions, or
(lli) proh ibiting implementation of the rnerger.
(2) Where upon the expiry ofthe 60 business day period provided for in
subsection ( I ), the Commission has not issued an extension notice as provided
for in that subsection or, upon the expiry ofan extension period contemplated
in subsection (l) (a), the Commission has not issued a report referred to in
(l)
subsection (D), the merger shall be regarded as having been approved,
subject to the provision ofsection 99 ofthis Act.
(3) Subject to the provisions ofthis Part, the Commission shall-
(.?) give to the parties applying for approval ofa large merger its decision
and cause a notice of the decision to be published in at least two national
newspapers ; and
(D) issue written reasons for its decision where-
(l) it prohibits or conditionally approves the merger, or
(li) it is requested to do so by a parry ro the merger.
98, The Comrnission may direct any of its officers to investigate a merger, Investigation
ofa
and may require any person or undertaking to provide information.in respect
proposed
of the merger.
meBer.
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Re\ ocalion 99. ( l) The Commission may revoke its own decision to approve or
if--
ofmerger londitionally approve a small or large rnerger
appro\ al. '
1r1 th" d""ision was based on incorrect infornration for wh ich a party to
the merger is responsible ;
(D) the approval was obtained by deceit ;
(c) the parties failto implement the merger rvithin l2 months after the
approval was granted : or
(d) an undertaking concerned has breached an obligation attached to the
decision of the Commission approvirrg 1he merger.
(2) Where the Commission revokes its decision approving a merger
under subsection ( I ). it may prohibit that merger even though any time linrit
set out under the relevant provision of this Part may have elapsed and the
merger was approved on account of the failure of the Comnrission to reach a
decision rvithin the period prescribed underthisAct.
Pos ers of 100.{ l) The Minister is entitled to rnake representations on any public
rhe Minisrer interest ground indicated in section 94 (4) to the Comnrission rvith respect to
any merger rvhich is under consideration by the Conrmission.
(2) Subject to the overriding objectives ofthis Act, the Comrnission shall
have special regard to the representations n'lade by the Minister on and public
interest grounds indicated in section 94 (4) it arriving at tlre decision orr a
merger notification.
(3) Further to the provisiorrs ofsubsections (l) ancl (2), tlre Minister
may participate as an observer in any nrerger proceeding before the Con 1ission
in the prescribed manner.
Porr er to l0f .-{ l) In making a deterurination in respect ofa nrerger notification,
hear persons .the Commission may hear any person, other tlran parties to the rnerger, who,
in merger in the opinion of the Cornnrission, is able lo assist in nraking a deterrnirration or
proceedings.
the merger notifi cation.
(2) Before making a determination in relatiou to a nterger or a proposed
merger, the Comrnission may decide to hold a hearing publicly or in private
and shall appoint a date, time and place for holding the hearing and give notice
ofthe date, time, and place so appointed and ofthe matters to be considered
at lhe hearing to the persons entitled to be'present at the hearing.
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Federal Contpetition and Consunrcr 2019 No. A55
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102.{ I ) Any undertaking making a merger notification shall furnish to Pror isions
the Commission such documents and infonnation as may be required in the of
consideration of the merger or proposed merger to enable the Cornmission documenta-
lions on
exercise their functions under this Act.
proposed
(2) Any undertaking that has given notice in respect of a merger or merger to
the
proposed merger may, at any time by notice in writing to the Commission,
Commission
advise the Commission that it does not rvish to proceed with the implementation
ofthe merger and the Cornmission shall not give a decision on the notification.
103. A person aggrieved by the Cornrnission's decision under this Part Appeals
may file an application for review before the Tribunal and where the decision
relates to a decision ofthe Tribunal, to the Court ofAppeal.
Penr XIII-RrcuLetto Irousrntrs
104. Notwithstanding the provisions ofany other law but subject to the Supremacl
provisions oftlre Constitution of the Federal Republic ofNigeria, in all matters of the
relating to competition and consumer protection, the provisions of this Act Federal
Competition
sha ll override the provisions ofany other Iarv.
and
Consumer
Protection
Act.
105.{
I ) The operation by an undertaking in an industry subject to the Designation
authority of a regulatory agency set up by an Act of the.NationalAssembly or ofregulaled
tlre Laws of a State is sufficient to make such an undertaking a member of a industries.
regulated industry for tlre purpose ofthis Act.
(2) In so far as this Act applies to an industry or sector of an industry
that is subject to thejurisdiction ofanother government agency by the provisions
of any other law, irr matters or conducts which affect cornpetition and consumer
protection, this Act shall be construed as establishing a concurrcnt j urisd iction
between the Comnrission and the relevant government agency, with the
Comrrission having precedence over and above the relevant government
agency.
(3) For the purposes of this Act, any government or regulatory agency
whose mandate includes enforcement of competition and consumer protectiorl
Laws or principles is hereby recognized as a government agency for the
avoidance of conflicts between the powers and functions ofthe Commission
corrferred by or trnder this Act and the porvers and functions of any other
government agency as contained in any other law, rule or regulation in force.
--- PAGE 58 ---
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(4) The Cornmission shall negotiate agreements with all government
agencies whose mandate includes enforcement of competition and consumer
protection for the purpose ofcoordinating and harmonising the exercise of
jurisdiction over completion and consumer protection matters within the
relevant industry or sector, and to ensure the consistent application of the
provisions of this Act.
(5) A government agency or regulatory authority which, in accordance
with the provision ofan existing law or regulation, hasjurisdiction in respect of
an industry or sector, shall commence negotiation of agreurrcnts rvith the
Commission as anticipated in subsection (5) and shall conclude such negotiations
within one year, and in respect of rnatters rvithin its jurisdiction, may exercise
itsjurisdiction by rvay ofsuch an agreenlent.
(6) An agreement under subsections (4) and (5) shall-
(a) identify and establish efficient procedures for the marragerlrent of
areas of concurrent j urisdiction :
(6) promote cooperation between the regulatory agency and the
Commission;
(c) preserve the coordinating and leadership role of the Commission in
relation to the exercise of the concurrent power as envisaged under this
Act;
(d) provide for the exchange of infonnation and the protection of
confidential information and
;
(e) be published in the Federal Government Gazette.
(7) Where the negotiations corrternplated by subsectiorrs (4) and (5) are
inconclusive, tlre areas of disagreernent shall be referred to the Attorney-
General and Miuister of Justice in the case of a large rnerger, for advise on
public interest grounds.
'
(8) ln resolving the areas ofdisagreement as provided in (7), the Attorney-
Ceneral ofthe Federation and Minister ofJustice shall take into account the
advice ofthe Tribunal.
E\emption 106.-( I ) Whenever it is alleged that a provision of this Act has been
ofregulated contravened by an undenaking acting or operating within any regulated industry
industries. designated under section 105 ofthis Act, the undertaking against rvhorn such
allegation is made must del'nonstrate that the conduct in question rvas ordered
or required by a regulatory agency possessingj urisd iction over that regulated
industry.
--- PAGE 59 ---
Federal Contpelition ancl Consunter 2019 No. I A57
Act,2018
Protection .
(2) Where the undertaking against whonr an allegation referred to in
subsection ( l) is made demonstrates that the conduct in questiorr was ordered
or required by a regulatory agency possessing j urisd iction over the regulated
industry, the Commission may, subjectto tl'le agreement referred to in section
I05, proceed rvith the issuance ofa cease-and-desist order prohibiting the
undertaking concerned from furlher violations ofthe provisions ofthis Act.
Penr XIV-SprcrFrc OFFENCES Acatxsr Covprrtrtox
107.{ I ) An undertaking shall not directly or indirectly- Price.tiring.
(a) by agreement, threat. pronrise or any other means, atternpt to
influence or conspire to influence upward or discourage the reduction of,
the price at rvhich any other undertaking supplies, offers to supply or
adverlises any goods or selvices I or
(D) refuse to supply goods or services to or otherrvise discriminate against
any undertaking because ofthe pricing policy olthat undertaking.
(2) The provision ofsubsection ( l) (a) shall not apply ifthe undertaking
attempting to influence the conduct of another undertaking and that other
tundertaking are interconnected undertakings as defined by this Act or, as the
case may be, principal arld ageut.
(3) For the purposes of subsection (l) (a), the publication by an
tundefiaking, other than a retailer, of any rrotice or advertisement that mentions
a resale price of any goods or services constitutes an attempt to influence
upward the selling price ofthose goods or serv ices,.un less the resale price is
so expressed as to make it clear to a reasonable person that the goods or
services nray be sold at a lorver price.
(4) An undertaking that violates any ofthe provisions olthis section
conr nr its an offence and-
(a) rvhere the undertaking is a natural person, is liable on conviction to
imprisonment for a term not exceeding three years or to payment of a fine
not exceed ing N I 0,000,000.00 or to both the fi ne and irn prison rnent
;
(b) where the undertaking is a body corporate, is liable on conviction to
a fine not exceeding I0% ol its trrrnover in the preceding business year
;
and
(c) in the case of a corporate body referred to in paragraph (b), each
director of the body corporate is liable to be proceeded against and on
conviction dealt with as specified in paragraph (n).
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Conspiracl 108.{ I ) An undertaking shall not conspire, combine, agree or arrange
with another undertaking to- ,
(a) limit unduly the facilities for transporting, producing, manufacturing,
storing or dealing in or supplying any goods or services
;
(6) prevent, limit or reduce unduly, the manufacture or production ofany
goods or services or to unreasonably enhance the price of any goods or
sen,ices;
(c) unduly reduce competition in the production, manufacture, purchase,
barter, sale, supply, rental or transportation ofany goods or services or in
the price ofpersonal or property insurance; or
(d) otherwise unduly restrain or injure competition.
(l)
(2) Nothing in subsection applies to a conspiracy, combination,
agreement or arrangement which relates only to a service and to standards of
competence and integrity that are reasonably necessary for the protection of
public-
the
(a) in the practice ofa trade or profession relating to the service ; or
(D) in the collection and dissemination of information relating to the
service.
(3) An undertakingthat violates any provision ofthis section commits an
is-
offence and where the undertaking
(a) a natural person, is liable on conviction to imprisonment for a term
not exceedinglhree years, or to payment ofa fine not exceedingNl0,000,000.00
or to both fine and imprisonment ;
(D) a body corporate, is liable on conviction to a fine not exceeding l0o%
of its turnover in the preceding business year ; and
(c) a body corporate referred to in paragraph (b), each director ofthe
body corporate is liable to be proceeded against and on conviction dealt with
as specified in paragraph (a).
Bid-rigging. 109.-{ I ) Subject to subsection (2), no two or rnore undertakings slrall
enter into an agreement whereby-
(a) one or more of them agree not to submit a bid in response to a call or
request for bids or tenders ; or
(D) as bidders or tenderers, they subnrit, in response to a call or request,
bids or tenders that are arrived at by agreement between or among
themselves.
--- PAGE 61 ---
Federal Conpetition otttl Cotrsuttter
Protect ion Act,2018 2019 No. I A59
(r)
r ,. n -. t o - or a s T u h b is m s is e s c i t o io n n th s a fia t l i l s n a o r t r a iv p e p d ly a t r n resp b e y c t u o n f d a e n r ta a k g i r n e g e s m ent that is entered
respect of every one of the others, rs a-onn alyl filiate. each ofrvhich, iu
(3)
A n u ndertak in o rhn1.vi6l21g5 any provision
offence and rvlrere lhe ir:<.lertaking is_ o f rh is section comm its an
o It r o t t o e x b c ( o a e l ) c h d a f i i r n n r a g e t u t a lt r r n . c a d e l i p m )' e e p r a s r r . o s is , n o o . r r i r s n t o l t i c a p b n : . r t l y _ ; r e n -o e n n r_ c o o f t r a v f ic ir r t c i o n r o r t t o c x i c m e p ld ri i s n o g n N m e r 0 n . t 0 0 lo 0 r , 0 a 0 0 te .0 rr 0 n
- (b) a body corporatc, is Iirble on conviction
ot tts tur.ltovcr in tltc prcccdirrg 1r,,.i,,.r, l,.n,l;.,, t ; o i . a ,, f , i , n , e . uot exceeding I0%
(c) a body corporflte n to in pa'agraph (l')'
bodv corporare is liable," ilTj::l each director olrhe
ngrinst
as specided r;p;;;;;;;i;e.proceeded ancl on conviction a"rri,,"irr,
.,,, ,,,1'.1',t;urJ,':':iJll?,'' arrv manner, impedes, prevents or obsr.rcrs
ori.,,.. r,,ii..il;#,,il:1il by rhe Commissiorr underrhis a.,.",,l*iir Obstruclion
rl, ol
conviction' to imnrisonment
rrot less rha, ;r";;"-o,i';;,"trn I a f r in y c olnot fo,' a tern of in\ !'stigalion
rhe fine flnd inrprisonmenr lcss thart Nz.ooo'ooo.oo or to botlr or inquir.r.
lIl.-1
l) Arr Lrncler.raking rhat_
.rehrses OIIL'lcc
(a)
to procfLrc ',;]il'ilnv
against
, cq ir i'cd ro,ro,o 6il["1i]l lffiilfif inrormation i'r,en rccorrls.
. or l ( l D tc ) r d c e r s l, t 'o o y r s . or arteis lny croculnent or carrses a crocurment to be destrolie:l
,,"r1?rlffi'I".':1,','lrvithholcls tltc pro<ltrctio, of a clocument rvirhi, rris
comnrits
an offence under lhis Act.
(2) Arr rlrdemakins trhIrfl'rrtcoll]lrits
rhc ruitlcrrakinf ;;-_"" an offcnce ttnclersubsection (l),
rv6erc
ro imprisonment
o ". ,, . o t: ' o ]; o ll , l r l i , rr ll , # . n ;: , : ; : , ; : ; J 1 [ i ' ; J , : ] :. ; , l 1 :# :o I n ll v l i f $ i ' o nrr,. ,,", cxceecring N r r 0 o , r o a d re d r i m l; n ; o ; r
. (D) body corpomre,
is Iiable on.convicliorr
tls Iul.nover. in the prececling ro a fine not exceecling l0% of
brrsincss
),eai ; arrrl
. (c) body corporflle rcfen.ed ," ,,, ...
Dodv corporare is liable ," ,r:o p - r : o : . c i c t c l t ^ a r " :' y . l - e . a . r _ g a ^ r n i . n - h l s ' t ( D), each direoor ol rhe
"'itl;.' ';;;;;;j,;';::ilfi ahcr on convic'rion dearr
--- PAGE 62 ---
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Protection Act,20l8
ll2.
Gir ing of An undertaking that gives to the Commission or an authorised
false or officer of the Commission, any information rvhich the undertaking knows to
mislading a-
be false or misleading commits an offence and rvhere the undertaking is
informatioo-
(a) natural person, is liable on conviction to imprisonment for a term not
exceeding tlvo pars, or to payment of a fine not exceeding N10,000,000.00
or to both the fine and imprisonment :
(D) body corporate, is liable on conviction to a fine not exceed ing l0oZof
ils tumover in the preceding business year : and
(c) body corporate referred to in paragraph (D), each director of tlre
body corporate is liable to be proceeded against and on conviction dealt with
as specified in paragraph (a).
ff3.-{l) A person rvho has been required to appear before the
Failurc to
and-
attend ot Commission
gr\e
(a) rvithout reasonable excuse. refuses or fails to appear, or
eridencr-
(D) refirses to take an oath or to make an affirmation as a witness or to
ansrver a question put to him,
commits an offence and is Iiable on summary conviction to imprisonment for a
term no-t exceeding three years. or to a fine not exceeding N I 0,000,000.00 or
to both fine and imprisonment,
(2) The Commission may prosecute or refer violations of crinr inal
offences created under this Act to the office of the Attorney-Genera I of the
Federation and M inister for Justice for prosecution and imprisonment.
Penr XV-{oNsume ns' Rrcurs
U4.{
Right to I ) The producer of a notice, document or visual representation
informalion that is required under this Act or any other law, to be produced, provided or
in plain and
displayed to a consumer must produce. provide or display that notice, docuntent
udrrsandabb
or r.isual representation-
language-
(a) in the prescribed form, ifany, for that notice, document or visual
representation : or
(6) in plain language, if no form has been prescribed for that notice,
document or visua I represenlal ion.
(2) Forthe purposes ofthisAct. a notice. document or visual representation
is in plain language if it is rcasonable to conclude that an ordinary consumer of
the class ofpersons for rvhom the notice, document or visual representation is
intended' rvith average literacy skills and minimal experience as a corsumer
ofthe relevant goods or services, could be expected to understand the content,
--- PAGE 63 ---
Federal Contpetition and Consumer 2019 No. I A6l
Protection Acl,20l8 . '
significance, and import ofthe notice, documentor visual representation whhout
te-
undue effort, having regard
(a) the context, com prehens iveness and consistency of the notice,
docunrent or visual representation :
(b) the organisation, form and style of the notice, document or visual
representation;
(c) the vocabulary usage and sentence structure ofthe notice, document
or visual representation ; and
(d) the use ofany illustrations, examples, headings orodreraids to reading
and understanding.
(3) The Commission may publish guidelines on methods for assessing
whether a notice, document or visual representation satisfies the requirements
of subsections ( I ) and (2).
ll5.-{ l) An undertaking shall not display any goods or services for Disclosure
sale without adequately displaying to the consumer a price of those gods or ofpricc of
goods or
services.
sen icq;-
(2) For the purposes ofthis subsection, a price is adequately displayed
lo a consumer if, in relation to any, particular goods or services, a written
indication of the price, expressed in the curency ofthe Federal Republic of
Nigeria, is annexed or affixed to, rvritten, printed, stamped or located upon, or
otherwise applied to the goods or services or to any band, tickel covering
label, package, reel, shelll or other thing used in connection with the goods or
services, or on which the goods or services are mounted for display or exposed
for sale, or published in relation to the goods or services in a catalogue,
brochure, newspaper, circular or simi lar publication available to the consumeq
or to the public generally.
(3) An undertaking shall not require a consumer to pay a price for any
goods or services higher than the displayed price for those goods or services,
or if more than one price is concurrently displayed. higher than the lorver or
low.est ofthe prices so displayed.
tl6.-(
l) For tlre purposes ofthis section. a trade description is applied Product
is-
to goods if it labeling and
trade
(a) applied to the goods, or to any covering label or reel in or on rvhich
descriptions.
the goods are packaged, or aftached to the goods ;
(D) displayed together with, or in proximity to. the goods in a manner thar
is likely to lead to the beliefthat the goods are designated or described by
th at description ; or
--- PAGE 64 ---
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Proleclion Ac|,2018
(c) is contained in any sign, advertisement, catalogue, brochure,
circular, wine list, invoice, business letter, business paper, or other
commercial communication on the basis of which a consumer may
req uest or order,the goods.
(2) An undertaking shall not knowingly apply to any goods a trade
description that is likely to mislead consunrers as to any matter implied or
expressed in that trade description or alter, deface, cover, remove or obscure
a trade description or trade mark applied to any goods in a manner calculated
to mislead consumers.
(3) An undertaking shall not supply, offer to supply or display any goods
ifthe undertaking knows, reasonably could determine, or has reason to suspect,
that-
(a) a trade description applied to those goods is likely to mislead
consumers as to any matter implied or expressed in that t|ade
description : or
(D) a trade description or trade rnark applied to those goods has been
altered.
Disclosure of ll7. An undertaking that offers or agrees to supply, or supplies, any
rcconditioned goods that lrave been used or are second-hand or have been re-conditioned,
or second- re-built or re-nrade, lnust apply a conspicuous notice to those goods staling
hand goods.
clearly that they have been used or are second-hand or have beerr re-
conditioned, re-built or re-rrade.
Sales ll8. Except where it is impracticable to do so, an undertaking shall
records provide a written record ofeach transaction to any consumer to rvhonr goods
or services are sold or supplied, and include in that record at least-
(a) the undertaking's full name, or registered business nanre
, ;
(D) the address of the prernises at rvhich, or ft.ont which, the goods or
services rvere sold or supplied
;
(c) the date on which the transaction occurred
;
(d) a name or description of any goods or services supplied or to be
supplied;
(e) the unit price ofany par.ticu lar. goods or services supplied or to be
supplied:
(/)
the quantity of any particuiar goods or. services supplied or to be
supplied;
(g) the total price ofthe transaction, before any applicable taxes
:
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(i) I
the amount ofany applicable taxes ; and
(l) the total price ofthe transaction, including any applicable taxes.
119. An undertaking shal I not requ ire, as a cond ition of offering to supply Consumer's
or supplying any goods or services, or as a conditiou of entering into an right to select
shall- suppliers.
agreement or transaction, thal a consumer
(a) purchase any other particular goods or services from that undertaking,
(D) enter into an additional agreement or transaction with the same
uiidertaking or a designated th ird party, or
(c) agree to purchase any particular goods or services from a designated
third party, uuless the undertaking can demonstrate tlrat the convenience to
the consumer in having those goods or services bundled outweighs the
linritation ofthe consumer's right to choice, or that the bundling ofthose
goods or services results in economic benefit for the consumer.
120.{l
)A consumer shall have the right to cancel any advance booking, Consumer's
reservation or order for any goods or services, subject to a reasonable charge right to
lor cance llation of tlre order or reservat ion by the su pp lier or service prov ider. cancel
adr ance
(2) Folthe purpose ofthis sectiolr, a charge is unleasouable il it exceeds reser\ ation.
to-
a lair amount in tlre circumstarrces, having regard booking or
order
(a) the nature of the goods or services that were reserved, booked or
ordered;
(D) the length ofnotice ofcancellation provided by the consumer;
(c) the reasonable potential lor the supplier or sdrvice provider, acting
diligently, to find an alternative consumer betweerl the time of receiving the
cancellation notice, and the tirne ofthe cancelled reservation, booking or
order : and
(/) the general practice ofthe relevant industry.
(3) A supplier or service provider may not impose any cancellation fee
in respect of a booking, reservation or order il the consumer is unable to
lronourthe booking, reservation ororder because ofthe death or hospitalisation
ofthe person for rvhorn, or for rvlrose benefit the booking, reservation or order
was rnade.
12l,-{
I ) Notwithstanding any statemeut or notice to the contrary a Consumer's
consr-rnler or potential consunler is not reSponSible lor any loss or darnage to right to
any goods displayed by a supplier, utrless the loss or dantage results frour choose or
action by the consunrer antouuting to gross negligence or recklessness, examine
soods.
nral icious behaviour or crinrinal conduct.
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(2) Where goods are displayed in or sold from open stock, a consumer
has the right to select or reject any particular item from that stock before
completing the transaction.
(3) Where a consumer has agreed to purchase goods solely on the basis
ofa description or sample, or both provided by the supplier, the goods delivered
to the consumer shall in all material respects and characterist ics, correspond
to that which an ordinary alert consumer would have been entitled to expect
based on the description, or on a reasonable examination oftlre sample, as the
case may be.
(4) Where the supply of goods is by sample, as well as by description, it
is not sufficient that any ofthe goods correspond with the sample, ifthe goods
do not also correspond with the description.
Consumer's 122, In addition to the consumer's right to return unsafe or defective
right to goods under any law or enactment, the consumer may return goods to the
return goods. supplier and receive a full refund ofany consideration paid for those goods, if
the supplier has delivered-
(a) goods intended to satis! a particular purpose communicated to the
supplier and within a reasonable time after delivery to the consumer, the
goods have been found to be urrsuitable for that particular purpose ; or
(D) goods that the consumer did not have an opportunity to examine
before delivery, and tlre consumer has rejected delivery ofthe goods rvithin
a reasonable time after delivery to the consumer for the reason tltat the
goods do not correspond with description, sample or that they are not ofthe
type and quality reasonably contemplated in the sales agreement.
General 123.-( I ) A producer, impofter, distributoq retailer, trader or service
standards for provider shall not, in pursuance oftrade and for the purpose of promoting or
the
marketing, directly or indirectly, goods ol services make any representation to
marketing of
a consumer-
and
-soods '
serrices- (a) ina rnannerthat is likelyto inplyanyfalseor incorrect representation
concerning those goods or services ;
(D) that is reasonably misleading oL likely to be misleading in any material
respect concerning those goods and services
;
(c) in a manner tlrat is erroneous. fraudulent or deceptive in any way,
of-
inc lud ing in respect
(i) the nature, properties, advantages or uses ofthe goods or services,
(ll)
the rnanner in, or conditions on, which those goods or services
may be supplied,
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(rri) the price at which the goods or services may be supplied, or the
existence of, or relationship of the price to, any previous price, or
competitor's price for comparable or similar goods or services,
(iv) the sponsoring ofany event, or
(v) any other material aspect of.the goods or services ;
(d) in the fornr of a statement, warranty or guarantee of performance,
efficacy or length of life ofproducts that is not based on an adequate and
proper test ofthe goods or services, the proof of whiclr lies on the person
rnaking the representation
I
(e) in a form that purports to be a warranty or a guarantee of any
goods or services, or a promise to replace, maintain or repeat an article
or any part thereof or to repeat or continue the service until it has
achieved a specified result, ifthe form ofpurported warranry guarantee
or promise is materially misleading or there is no reasonable prospect
that it wil I be carried out
;
(/) to falsely represent to the public in the form ofa statement, warranty
or guarantee that services are ofa particular kind, standard, quality or
quantity, or are supplied by any particular undertaking or any urrdertaking
ofa particu lar trade, qualification or skill
;
(g) that is materially a misleading representation to the public conceruing
the price at which particular goods or services or like goods or services
have been, are or will be ordinarily supplied.
(2) For the purpose of this Act, the following types of representations
shall be deemed to be made to the public by, and on ly by, the undertaking rvho
caused it to be expressed, rnade or contained, that is to say, a representation
is-
that
(a) expressed on goods or services offered or displayed for sale
;
(D) exirressed on anything attached to, inserted in or accompanying goods
offered or displayed for sale, their wrapper or container, or anything on
which the goods are mounted for display or sale
;
(c) expressed on a display in the place where the goods or services are
sold ;
(d) made in the course of selling goods or services to the ultimate
consumer ; or
(e) contairred in or on anything that is sold, sent, delivered, transmitted or
in any otlrer mauner made available to a member of the public.
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(3) Where the undertaking referred to in subsection (2) is outside N igeria,
the representation shall be deemed to be rnade-
(a) in a case described in subsection (2) (a), (b) or (e), by the undertaking
that imported the goods or services ; and
(b) in the case described in subsection (2) (c), by the undertaking that
inrported the display into Nigeria.
Righl to fair 124--<l) An undertaking or any person acting on its behalf shall not
dealings. use physical force, coercion, undue influence or pressure, harassment, unfair
with-
tactics or any other similar conduct against any person in connection
(a) rnarketing ofany goods or services
;
(D) supply ofgoods or services to a consumer
;
(c) negotiation, conclusion, execution or enforcement ofan agreement
to supply any goods or services to a consumer;
(d) demand for, or collection of, payment for goods or services by a
consumer ; or
(e) the conduct ofa legitimate business transactiotr.
(2) In addition to any conduct contemplated in subsection (l), an
undertaking or any person acting on its behalf shall not knowingly to take
advantage of the fact that a potential consumer was substantially unable to
protect the consumer's own interests because ofphysical or rnental disabiliry,
illiteracy, ignolance, inability to understand the language ofan agreement, or
any other sirnilar factor.
125.-( l) Where in the marketing of any goods or services an
False.
misleading or undertaking or any person acting on its behalf by words or conduct-
deceptive
(a) directly or indirectly expresses or implies a false, misleading or
represenations
deceptive representation concerrring a material fact to a consurnef or
prospective consumer, or
(D) fails to correct an apparent misapprehension on the part ofa consurner
or prospective consumer, amouuting to a false, rnisleading or deceptive
representation or permit or require any otlrer person to do so,
the undertaking is liable for damages to any person damaged, and shall be
ordered to make nronetary restitution.
(2) A person acting on behalfofa supplier of arry goods or services
shallnot-
(a) falsely represent that the person lras any sponsorship, approval or
affiliation, or
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(D) engage in any conduct that the supplier is prohibited from engaging
in under subsection ( I ).
126.{ I ) An undertaking shall not, for the purpose of promoting, directly RePItsentation
or indirectly, the supply or use ofany goods or services or any business interest, lest and
publication
make a representation to the public that a test as to the performance, eflicacy
testimonials-
or length of life of the goods or services has been made by any person or
publish a testimonial rvith respect to the products, unless it can establish the
matters specified in subsection (2).
(2) The matters referred to in subsection ( I ) are-
(a) that the representation or testimonial was previously made or published
by the person by whom tlre test was made or the testimonial was given, as
the case may be ; or
(D) that before the representation or testimonial was made or published,
it was approved and permission to make or publish it was given in writing
by the person who rnade the test or gave tlre testimonial, as the case may
be, and it accords with the representation or testimonial previously made,
published or approved.
not-
127. ( I ) An undertaking shall U n l'air-
unre-asonable
(a) offer to supply, supply, or enter into an agreement to supply, any or unjusl
goods or services at a price that is rnanifestly unfair, unreasonable or unjust, conlract
or on terms that are unfaiq unreasonable or unjust ; terms.
(D) rnarket any goods or services, or negotiate: enter into or administer
a transaction or an agreement for the supply ofany goods or services, in a
nranner that is unfair, unreasonable or unjust ; or
(c) require a consumer, or other person to whom any goods or services
are supplied at the direction ofthe consumer, to rvaive any rights, assume
any obligation. or waive any liability ofthe undertaking, on terrns that are
tunfair, unreasonable or unjust. or impose any term as a condition ofentering
into a transaction.
(2) Without lirniting the generality of the provision of subsection ( I ), a
trausaction or agreement, a term or condition ofa transaction or agreemenl,
or a notice to which a term or condition is purportedly subjec! is unfair,
if-
unreasonable or unj ust
(a) it is excessively one-sided in favour of any person other than the
consumer or other person to whom goods or services arc to be supplied ;
(6) the terrls of the transaction or agreement arc so adverse to the
corlsulner as to be inequitable
;
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(c) the consurher relied upon a false, misleading or deceptive
representation or a statement of opinion provided by or on behalf of the
undertakingthat supplied the goods or services concerned, to the detriment
ofthe consumer ; or
(d) the fact, nature and effect ofthat term, condition or notice was not
drawn to the attention of the consumer.
Notice 128.{ I )Any notice to consumers or potential consumers, or provision
to-
required for ofa consumer agreement, which purports
certain lerms
and (a) limit in any way the risk or liability of an undertaking supplying goods
conditions. or services or any other person,
(D) constitute an assumption ofrisk or liability by the consumer,
(c) impose an obligation on the consumer to indemnifr an undertaking
supplying goods or services or any other person for any cause, or
(d) be an acknowledgement ofany fact by the consumer,
shall be drawn to the attention ofthe consumer in a conspicuous manner and
form thar is likely to auract the aftention ofan ordinarily alert consumer having
regard to the circumstances.
(2)
Before the consumer enters into the transaction, or is required or
expected to offer consideration for the transaction or agreement, the consumer
shall be given adequate opportunity in the circumstances to receive and
comprehend the provision or notice.
Prohibited 129.--<l) An undertaking shall not make a transaction or agreenrent
if-
Iransactions- subject to any term or condition
'
a8r€ements
(a) its general purpose or effect is to defeat the purposes and policy of
lenns or
conditions- this Act, mislead or deceive the consumer, or subject a consumer to fraudu lent
conduct ;
to-
(D) it directly or indirectly purports
(i) waive or deprive a consumer ofa right to return defective goods
or any right set out in this Act,
(ii) avoid the undertaking's obligation or duty under this Act,
(r'ii) set aside or override the effect of any provision of this Act.
(iv) authorise the undertaking to do anyhing that is unlawful under
this Acg and
(v) or fail to do anything that is required under this Act
;
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Federal Contpetition and Consumer 2019 No. A69
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,
ta-
(c) it purports
(i) limit or exempt the undertaking from liability for any loss directly
or indirectly aftributable to the gross negligence of the undertaking or
any person acting for or controlled by the undertaking
(il) constitute an assumption of risk or liability by a consumer for the
said loss,
(iii) impose an obligation on a collsumer to pay for damage, or
(lv) othenvise assume the risk ofhandling any goods displayed by the
supplier;
(d) it falsely expresses an acknowledgment by the consumer that beforc
an agreement was made, no representations or warftrnties were made in
connection with the agreement by the undertaking or a person acting on
behalfofthe undertaking or the consumer has received goods or services, or
a document that is required by this Act to be delivered to the consumer ; and
(e) it expresses an agreiment by the consumer to--
(r) deposit with the undertaking, or rvith any other person at the direction
ofthe undertaking an identity document, credit or debit card, bank account
or automatic teller machine access card, or any similar identifuing
document or device, and
(ii) provide a personal identification code or number to be used to
access an account.
(2) A purported transaction or agreement, prbvision, tetm or condilion
of a transaction or agreement, or notice to which a transaction or agreement
is purported to be subject, is void to the extent that it contravenes,the provisions
of this section.
130.-{l) When an undertaking agrees to perforrn any service fororon Riefirs
to-
behalf of a consumer, the consumer has a right penaining to
the qualitl"
(a) the timely performance and conrpletion of those services, and timely and safeq of
notice ofany unavoidable delay in the performance of the services ; goods and
(D) performance of the services in a manner and quality that reasonable sen ices-
persons are generally entitled to expect ;
(c) the use, delivery or installation ofgoods that are free ofdefects and
ofa quality that persons are generally entitled to expect, ifthe goods are
required for the performance of the services ; and
(d) the return ofany property or control over any prop€rty ofthe consumer
in at least aS good a condition as it was when the consumer made it available
to the undertaking for the purpose of perlorming the services, having regard
--- PAGE 72 ---
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to the circumstances ofthe supply, and any specific criteria or conditions
agreed ktween the undertaking and the consumer before or during tlre
performance of the services.
(2) Where an undertaking fails to perform a service to the standards
contemplated in subsection ( l), the consumer may require the undertaking to
either-
(a) remedy any defect in the quality ofthe services perfornred or goods
supplied ; or
(D) refund to the consumer a reasonable portion ofthe price paid for the
services perfornred and goods supplied. having regard to the extent of the
failure.
Consumer's f3f .-<l) Every consumer has a right to receive goods that-
rights to
(a) are reasonably suitable forthe purposes for which they are generally
safe. good
qual it) intended ;
goods. (D) are ofgood quality, in good rvorking order and free ofdefects :
(c) will be useable and durable for a reasonable period of time, having
regard to the use to rvhich they rvould normally be put and to all the
surrounding circumstances oftheir supply ; and
(d) comply rvith any applicable standards set by industry sector regulators.
(2) In addition to the right set out iu subsection ( I ), if a consurner has
specifically informed an undertaking ofthe particular purpose for rvhich the
consumer rvishes lo acquire any goods, or the use to which the consumer
intends to apply those goods. and the undertaking ordinarily offers to supply
such goods or acts in a nranner consistent rvith being knorvledgeable aboLrt the
use pf those goods, the consunler has a light to expect that the goods are
reasonably suitable for the specific purpose that the consumer has indicated.
Implied 132.-{l) In any transaction or agreernent pertaining to the supply of
\\ arlanh goods to a consumer. there is an implied warranty that the goods sha ll comply
ol qualitl
rvith the requirements and standards contemplated in section l3 I ( l) and (2)
of this Act.
(2) Within three months after the delivery of any goods to a consLrmet
the consumer may retunr the goods to the undertaking that supplied those
goods, rvithout penalty and at the undertaking's risk and expense, ifthe goods
l3l(l)
failto satisf the requirements and standards contemplated in section
ofthis Act and the undertaking shall either repair or replace the failed, unsafe
or defective goods or refund to the consumer the price paid by the consumer
for the goods.
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133.-{l) The Commission shall promote the developtnent, adoption
Sat'et1
and application of industry-wide codes ofpractice providing for effective and moniloring
efficient systems tG-- and recall.
(a) receive notice ofconsurner cornplaints or reports ofproduct failures,
defects or hazards; the return of any goods because ofa failure, defect or
hazard personal injury, illness ordamage to property caused wholly or partially
as a result of a product failure, defect or hazard and other indication of
failure, defect or hazard
;
(D) rnonitor the sources of information contenlplated in paragraph (a),
arrd analyse the information received with the object of detecting or
identifying any previously uudetected or unrecoguised potential risk to the
public from tlre use of or exposure to those goods :
(c) conduct investigations into the nature, causes, extent and degree of
the risk to tlre public
;
(r/) notify consumers ofthe nature, causes, extent arrd degree ofthe risk
pertaining to those goods ; and
(e) if particular goods are uusafe, recall those goods for repair,
replacement or refund.
(2) Where the Cornmission has reasonable grounds to believe that any
goods may be unsafe, or that there is a potential risk to the public fronr the
continued use ofor exposure to the goods, and the undertaking that produced,
distributed or irnported those goods has not taken any step required by an
applicable code contenrplated in subsection ( l), the Conrnrission, by written
notice, may require that undertaking to recall the goods on any term required
by the Conrnrission.
Panr XVl-Durrrs or MexurecrLRERs, Inponrens, Dtsrarsutons
eNo SuppLrEns or Gooos nno Srnvrcrs
134. A hranufacturer, impofier or distributor ofgoods shall label or describe Dut) to label
the goods in a rranner that r.vill be easily traceable to the manufacturer, inrporter -soods
propelll.
or d istributor.
135.--{ | ) Upon beconring aware ofany unloreseen hazard arising fronr Dut\ lo
the use ofgoods already placed on the urarket, tlre rranufacturer or distributor rl ithclrarr
ofsuch goods shall notify the general public imnrediately ofsuch risk or danger hazardous
goods tiorn
and cause suclr goods to be rvithdrarvn fronr the market.
the market.
(2) An u rrdertaking that v io lates the provis ions of section I34 of th is Act
or subsection ( l) conrnrits an offence and-
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(a) where the undertaking is'a natural person, is liable on conviction to
imprisonment for a ternr not exceeding three years or to payment ofa fine
not exceeding N10,000,000.00 or to both tlre fine and irnprisonment : and
(b) where the undertaking is a body corporate, is liable on conviction to
a fine not exceeding l0% of its turnover irr the preceding business year :
(3) In the case ofa body colporate referred to in subsection (2) (b).
each director ofthe body corporate is Iiable to be proceeded against and on
conviction dealt rvith as specified in subsection (2) (a).
(4) Where a consumer suffers loss or injury by the violation of an1'
person of provisions of sectiou I 34 of this Act or subsection ( I ), the consumer
shall have a right to be awarded compensation by the Commission.
Liabilitl fbr 136.-{ l) Where a damage is caused rvholly or partly by delectii,c
defectir e goods or the supply ofa service, the undertaking that supplied the goods or
goods. service is liable for the damage.
(2) For the purpose of this Act, damage includes personal injurl arrd
damage to the consumerls property.
(3) An undertaking that supplied the defective goods or service is liable
whether or not the user or consumer bought the goods or service from or
entered into any contractual agreement rvith the undertaking.
(4) A person affected by the defective goods or services has the right to
sue under this section.
(5) The liability ofany undertaking under tlris section shall not be excluded
or restricted.
Liabilitl' 137. ( l) In the case ofgoods ofa type ordinarily supplied for private use
arising tiom or consumptiou, rvlrere loss or danrage a|ises lrom the goods proving defective
sale or rvhile in consumer use or results fl'om the negligence of an undertaking
suppll of
concemed in the manufacture or distribution ofthe goods, liability for the loss
goods not to
be excluded. or damage cannot be excluded or restricted by reference to arry contract ternl
or notice contained in or operating by reference to a guarantee of the goods.
(2) For the purpose of this section-
(a) goods are to be regarded as "in consumer use" when a person is
using them or has tlrern in his possession for use, otherwise than exclusively
for the purposes of a business : and
(D) anyhing in writing is a guarantee if it contains or purports to contain
some promise or assurance (horvever rvorded or presented) that defects
will be rnade good by conrplete or partial replacernent, or by repaiq monetary
colnpensation or otherwise.
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138,-{ l) Liability for breaih ofthe obligations arising frorn a seller's Linbilir] lbr
inrplied undertaking as to title not be excluded or restricted by reference to breach oi
implied
any contract ternl.
obli-eations
(2 ) As aga inst a persorr dealing as a consunler, liabiliry for breach of the br lau:
obligations arising from seller's implied undertakings as to conformity of goods
rvith description or sample, or as to their quality or fitness for a particular
purpose, sha ll not be excluded or restricted by reference to any contract term.
(3) As agairrst a person dealing otlrerrvise thau as a consurner, the liability
specified in subsection (2) nray be excluded or restricted by reference to a
contract term only if the terrn satisfies tlie requirernent of reasonableness.
139, ( l) Where tlie possession or ownership of goods pass under or in Miscellaneous
pursuirnce of a contract, subsections (2), (3) and (4) apply as regards the contracts
e tfect, if any, to be given to contract terms exclud ing or restricting liability for under u hich
goods pass.
breach ofobligation arising by inrplication of larv fronr the nature ofthe contract.
(2) As against a person dealing as a consumer, liability in respect ofthe
goods' correspondence rvith description or sample or quality or fitness for any
pafticular purpose shall not be excluded or restricted by reference to any
contract tenn.
(3) As against a person dealing otherwise than as a consumer, liability
nray be excluded or restricted by reference to a contract torm only ifthe term
satisfies the requirenrent of reasonableness.
of-
(4) Liability in respect
(a) the right to transfer ownership ofthe goods or give possessiorr, or
(D) the assurance ofquiet possessior.r to a person taking goods pursuant
to a contract, shall not be excluded or restricted by reference to any contract
ternr. except if.the term satisfies the requirement of reasonableness.
140. Where a contract contains a term rvhich excludes or restricts any Liabilitl fbr
liability to whiclr a part of a contract may be the subject by reason of any misreprcsenta-
tion.
nr isl'epresentation rnade before the contract rvas r.nade, or any remedy available
to another pafty to the contract by reason of suclr a m isrepresentation, that
terrn shall have no effect.
141.-( l) A person is not bound by any contract term prejudicing or Er asion b1
taking away the person's rights arising under, or in connection with, the means of
performance of another contract, so far as those rights extend to the secondarr
contract.
enforcernent of arrother's liability ',vhich this Act prevents that other from
excluding or restricting.
--- PAGE 76 ---
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(2) This Act prevents-
(a) the exclusion or restrictiolr ofany liability;
(b) making any liability or its enforcement subject to restrictive or olrerous
conditions;
(c) excluding or restricting any right or remedy in respect ofthe liability
or subjecting a person to any prej ud ice itr consequence ofthe person pursu ing
auy such right or remedy ; and
(d) excluding or restricting rules ofevidence or procedure.
(3) An agreernent in rvriting to submit presellt or future differences to
arbitration is not to be treated under this Act as excluding or restricting ally
liability.
of 142.-<l) A contract is a contract for the supply of a service for the
Supp 11
ser\ tces purposes of this Act whether or lrot goods are also transferred or to be
transferred, or bailed or to be bailed by way of hire, under the contract and
whatever is tlre nature of tlte consideration for which the service is to be
carried out.
(2) For the purpose of this Act, a contract for apprenticeship is not a
contract for the supply of a service.
(3) ln a contract for the supply of a service u,here the supplier is acting
in the course ofa business, there is an implied term that the supplier will carry
out the service with reasonable care and skill.
lmplied term 143. Where under a contract for tlie supply ol a service by a supplier
about time acting in the course of a business, the tinre for the service to be carried out is
tbr erecution not fixed by the contract, left to be fixed in a rlanner agreed by the contract or
of contract.
delermined by the course of dealing between the parties, it is implied that the
supplier will carry out the service rvithin a reasonable tinre.
Erclusion 144.-(l) Where a right, duty or liability would arise under a contract
of implied for the supply ofa service, it nray be negated or varied by express agreement
letms.
or by the course ofdealing benveen the pafties or by such usage as binds both
parties to the contract provided that an express term does not negate a term
implied by this section unless it is inconsistent rvith it.
(2)A supplier of service shall not, wlrile dealing with a consumer, exclude
or restrict its liability for breach ofany term implied under sections 142 (3)
and 143 ofthisAct.
(3) Nothing in this section sha ll prejudice any rule of law rvhich inrposes
on the supplier a duty stricter than that inrposed by section 143 ofthis Act.
--- PAGE 77 ---
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Federal Conrpetition and Con&unter 2019 A75
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145. Where it is alleged that goods or services are defective, the onus of Onus of
prool.
proof shall lie on the undertaking that supplied the goods or services.
Penr XVII-ETFoRcEMENT or CoNsuurns' Rrcuts
146.-{ l) A consurner may seek to enforce any right under this Act, a Enforcement
transaction or agreement, or otherwise resolve any dispute with an undertaking of rights b1'
that supplied the goods or services to the consumer by- a consumer.
(a) referring the matter directly to the undertaking that supplied the goods
or services
:
(b) referring the matter to the applicable industry sector regulator
with jurisdiction, if the undertaking is subject to thejurisdiction ofthe
regulator;or
(c) filing a complaint directly with the Commission.
(2) Notwithstanding the provisions of subsection (l), an aggrieved
consumer can directly approach a court witlr appropriate j urisd iction to seek
redress.
147. Where an industry sector regulator concludes that there is no Conclusion
reasonable probability ofthe parties resolving their dispute through the process b1 industrl
provided for in the relevant industry code, the industry sector regulator may sector
regulator.
terminate the process by notice to the parties and.the party who referred the
matter to the industry sector regulator may then file a complaint with the
Commission.
148,{ I ) A consumer shall file a complaint with the Cornmission in the Enforcement
prescribed manner and form, alleging that an undertaking.has acted in a manner oi rights b1
the
inconsistent rvith the provisions ofthis Act.
Commission.
(2) The Commission shall directly initiate a complaint concerning any
alleged ly proh ibited conduct on its own nrotion, an industry sector regu Iator or
an accredited consumer protection group.
(3 ) Upon initiating or receiving a cornplaint under th is Act, the Commission
may-
(a) issue a notice of non-referral to the complainant in the prescribed
fonn, ifthe complaint appears to be frivolous or vexatious or does not allege
any fact which would constitute grounds for a remedy under this Act ;
(6) refer the complaint to an industry sector regulator with jurisdiction
over the matter for investigation or resolution ; or
(c) direct au inspector to investigate the complaint as quickly as
practicable.
--- PAGE 78 ---
(,t
A76 2019 No. I Feclentl r1ry1f1ign otkl L on.\tlncr
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(4) At any tinre during investigalion. t l)c Conrnission may designate orre
or rnore persons to assist the irrspector conducting the investigation.
(5) After receiving a report of an investigatiorr into a conrplaint, the
shall-
Conrnrission
(a) issue a notice of non-referral to the complaitrant in tlre prescribed
fornr :
(b) nrake an order: or
(c) issue a courpliartce notice.
Consent 149.-{ I) Wlrere a mafier has been investigated by the Commission,
ordel and the Conrnrission and the respondent agree on the proposed lerms of an
appropriate order, the agreed ternrs shall be nrade orr the order of the
Commission.
(2) The Comrnission may. if it deenrs fit, register the order in a court of
competent j urisd iction and the cour1, rvithout hearing any evidence, nray confirn]
that agreenrent as a consent order'.
(3) An order oflhe Conrnrission or a cor)serlt order confirrned pursuaut
to the provision of this section nray include an arvard of damages to the
complainant.
150.-( l) The Comrnission rnay issue a conlpliance notice in the
Compliance
notice. prescribed fornr to an underlaking or association of undertakings rvhorn the
Cornurission on reasonable grourrds believes hasengaged in prohibited con(iuct.
provided that before issuing a notice to a nreurber ofa regulated industrl. the
Conrnrissiorr sha ll consult the industry sector regulator that issued a licerrce to
th at regu lated entity.
out-
(2) A compliance notice shall set
(a) the undertaking or association ofundenakings to rvhonr the rrotice
applies
;
(6) the provisions ofthis Act that have not been conrplied rvith :
(c) details of the nature and extent ofthe uon-compliance I
((/) steps that are required to be taken and the period rvithin rvhich those
steps shall be taker: ; and
(a) the penalty that nray be inrposed under this Act ifthose steps are not
taken.
(3) A compliance notice issued pursuant under this section renrains irr
force until it is set aside by a court, or until the Comrnission issues a contpliance
certificate upon being satisfied that there lras been sufficient corlpliance rvith
tlre conrp liance notice.
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(4) If an undertaking orassociation of trrrderlakitrgs to whom a compliance
notice has beerr issued fails l() conrpll rr ith the notice, the Commission shall-
(a) slrut dos n or close any prenrises frorn rvhich the notice contirtttes to
be breached until the breaclr or non-compliance is renredied :
(D) impose the appropriate adnrinistratii'e iltie : or
(c) refer the nratter to ,t cr)Urt ()l'cotnpetent jul'isdiction for prosecution.
L
I 5 ( t ) I he Cornnrission may collaborate with. facilitate, or otlrerwise Redress b1
suppoft auy ot'the fbllowing activities carried out by a consumer protection cir il sociell
p-- groups.
grou
(a) consunrer advice and educatiou activities and prrblications
;
(D) research, nrarket rnonitoriug. surveillance and reporting:
(t ) prlrrrot ion ofconsunrers' rights and advocacy ofconsumers' interests ;
((/) r'cpresentation of, consumers, eitlrer specifically or generally, in
court;
(e)alternative dispute resolution through mediation or conciliation ; ahd
(/) participatiorr in national and international associations, conferences
or forums concerned rvith consurner protection matters.
(2 ) An accredited consurner protectiorr g,roup may-
((/) conrnrence or undertake any act to protect the irlterests ofa consumer
individually, or ofconsumers collectively, in any matter or before any forum
contemplaled in th is Act ; and
if
(D) intervene in any matter before any forum contemplated in this Act,
the interests ol consunrers represented by that group are uot othenvise
adequately represented iu lhat forurn.
(3) ln addition to any other authority set out irr this Act, an accredited
consunrer protection group rnay direct a generally stated concern or complaint
to the Commission in respect of any matter rvithin the purpose of this Act.
(4) The Conrmission may accredit a consumer protection group if that
P-
grou
(a) functions predominantly to promote or represent the interests ofall
or a specific category of cotrsumers generally :
(D) is comrrritted to achieving the purposes of this Act : and
(c) engages in, or makes a realistic proposal to engage in, actions to
promote and advance the consumers' interests.
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(5) The Commission may inlpose reasonable conditions for the
'accreditation ofa consumer protection group to provide the ob-jectives ofthis
Act and shall monitor the effectiveness of any such accredited consurner
protection group and may reasonably require any accredited consumer
protection group to provide information necessary for mon itoring purposes.
Redress b1 152. Where upon an investigation by the Commission of a complaint by
the court. a consumeE it is proved that-
(a) the consumer's right has beerr violated, or
(D) a wrong has been cornmitted by the rvay oftrade, provision ofservices,
supply olinfonnation or advertisement thereby causing injury or loss to the
consumer,
the consumer shall in addition tothe redress which the Commission may irnpose.
have a right of civil action for cornpensation or restitution in a court ofcornpetent
jurisdiction.
(l)
153. Where it appears to the Conrmission that an undertaking has in
Porr er to
obtain the course ofbusiness persisted in a course ofconduct rvhich is detrinrental to
satisfactor) the interests ofconsunrers, the Conrmission shall use its best endeavors to
rrritten obtain from the undertaking concerned a satisfactory written assurance that it
assurance.
wil-l refrain from a continuation ofthat course ofconduct.
'' (2) Where the Commissiorr is unable to obtain frorn the undertaking in
question the assurance relerred to in subsection ( I ), or ifthat undertaking has
given such assurance and it appears to the Commission or the States office
that the undertaking has failed to observe the assurance, tlre Comnrission sha ll
cause proceedings to be commenced against such undertaking in a coufi of
competent j urisd iction to relrain the undertaking from continu ing that course
ofconduct.
(3) The Commission may order a ternporary closure of any premises or
facilities reason ably believed to be carrying on in a manner detrinrental to the
interest of consumers until the Commission is satisfied otherrvise or pending
the commencement of action.
Compensation 154.{ I ) A court by or before rvhich an undeftaking is convicted of an
order offence under this Act rnay, in addition to dealing with such undertaking in any
other way, make an order requiring the undertaking to pay compensation for
any personal inj ury loss or damage resu Iting from that offence ofsuch anrount
as it rnay deern fit or as assessed by competent professional authority.
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Fetle' ral Conrpe tition and Consunter 2019 No. A79
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(2) In determining rvhether to nrake a ctinrpensation order against any
undertaking, and in deternrining the anlount to be paid by any undertaking
uuder such arr order, the court shall have regard to the means ofthe undertaking
ifthey appear or are knorvn to the court.
155. Except where otherwise provided for in this Act, any person who Contra\ ention
contraverres any consumer right conrmits an ofl'ence trnder this Act and- ofconsumer
rights.
(a) in the case of a rratural person, is liable on convictiorr to imprisourtrent
lor a ternr rrot exceeding five years, or to payl ent ol fine not exceeding
N I 0,000,000.00 or to both tlre fi ne and inr prisonntent ;
(b) in the case ofa body corporate, is liable on coiiviction to a fine ofnot
Iess than N I 00,000,000.00 or I 070 of itsturnover in the preceding business
year, rvhichever is higher: and
(c) in the case ol a body corporate ref'erled to in paragraph (D) of this
section, each director ofthe body corporate is liable to be proceeded against
and dealt rvith as specified in paragraph (a).
l-M
Panr XVI I rscELLANEous PnovtstoNs
156.-( I ) Subject to the provisions of this Act, the provisions of the Limitation of
PLrblic Officers Protection Act applies in relation to any suit instituted against suits against
any nrenrber or employee of the Comnrission or the Tribunal. rhe
Comnrission
(2) Further to the provisions ofsubsection (l), a suit shall not lie ol be anil the
instituted in any court agairrst any rnenrber ofthe Conrnrission, Ihe Secretary 1'r'ibunal.
or any other officer orenrployee ofthe Comnr ission or the Chairrlau, nrenrbers, Cap. I'}-l I
LtN.200l.
staff, officers or employees of the Tribunal lor any act done ir.r pulsuarrce or
execution of the provisions of this Act or any other enactlnent or larv, or of
any public duty or authority in respect of,any alleged neglect or default in the
execution ofthe provision of tltis Act or such enactnlent or law, duty orauthoriry
less-
un
(a) it is conrnrerrced rvithin three ntontlrs next after the act. neglect or
defau lt conrplained of; or
(D) in the case ofa continuation oldantage or injury, rvithin six months
nest alter tlre darrrage ol injury ceases.
(3) A suit shall not be conrmenced against any member of the
Conrmission, the Secretary or any other officer or employee of the Conrmission
or the Chainltan. ntentbers, staff. officers ot.employees of the Triburral before
the expiration ol a period of 30 days alier a s,ritten notice of intenlion to
conulence suit shall have been served upon the Conrnrission or Tribunal by
the intending plaintiff, orthe agent or.other Iawftrl r-epresentative ofthe plaintifL
--- PAGE 82 ---
80 Federol Col petilion ctnd Consumer
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Protection ,4a,2018
the-
(4) The notice referred to in subsectiorr (3) shall clearly state,
(a) cause of action :
(D) parliculars of the claim :
(c) name and address ofthe intending plaintiff ; and
(d) reliefsought by the plaintiff.
Issuance of 157.{ I ) Any notice given by the Comntission under, or for the purpose
be-
Notices b1 of, this Act shall
or on behall
oi (n) given in rvriting, under. the seal ofthe Comnrissior signed by the
Conrnrission Executive Vice Chairman. or by one or more of the nrenrbers ol the
Comnrissior.r, or by any person purporting to act under the direction of the
Commission ; and
(D) served in accordance witlr section 158 ofthis Act on the person or
persons prinrarily concelued or on auy person or persons deemed by the
Commissior.r to represellt the person or persons prinrarily concenred.
(2) AII documents purporting to be signed by or on behalf ol the
Comnrission or to be sealed rvith the seal of the Commission shall, in all courts
and in all proceedings under this Act. be deenred to have been so signed or
sealed rvith due authority unless tlre contrary is established.
Serr ice ol 158.-{ l) Any notice or other docurrrent required or authorised to be
notices. served on or given to any person lor the purpose ofthis Act rnay be served or
given by delivering it to that persorl. or by leaving it at that person's usual or
last knorvn place of residence or business or at the address specified by that
person in any notice, application. or other document ntade. given or tendered
to tlre Comrnission under this Act, ol by posting it by registered nrail to the
person at that place of residence or business or at that address.
(2) Where any notice or other docuntent is sent to a person by registered
mail, tlren, unless the contraly is shor.vn, it shall be deerned to have been
deliveled to the person rvhen it rvould have been delivered in the ordinary
cor.rrse of postirrg a rna il. unless the contrary is established.
(3) In prov irrg the de Iivery corrtenr p lated under subsection (2). it shallbe
sufficient to prove that there is return post olfice slip shorving actual delivery.
(4) Where, for any pr.rrpose under this Act, a notice or docunrent is
required to be served orr an undertaking, the notice or document may be served
on the secretary, executive officet', nranager, or other olTicer holding a similar
position in the undertaking and fol the purpose of this Act, service on an
association or body shall, unless other\vise directed by the Contnrission, be
--- PAGE 83 ---
Federnl Competition and Consunt.er 2019 No. I A8I
Protection Act,20l8
deemed to be service on all persons or undertakirtgs rvlro are metrbers of the
associatiorr or body or wlro are represented on the association or body by
those rnembers.
159.-{ l) Subject to the provisions ofthis Act, a persou shall not-
Ollences
(a) without reasonable excuse, refuse or fail to comply with a notice under this
Part.
issued under sections 157 and 158 ofthis Act :
(D) in purported compliance with such a notice, furnish inforrration, or
produce a docurrrent, or give evidence, knorving it to be false or rlisleading
;or
(c) resist, obstruct, or delay an enrployee of the Comnrission acting
pursuant to a warrant issued under section i0 (3) ofthis Act.
(2) A person shall not attenrpt to deceive or knorvingly mislead the
Conrrrission in relatiou to arly matter befbre it.
(3) A person, having been required to appear before tlte Cornmission
prrrsuant to the provision of section 29 (2) of this Act, shall rrot, rvithout
reasorrable exctrse, reluse-
(a) or fail to appear before the Corlnrission to give evidence ;
(r) to take an oatlr or make an affirnration as a rvitrress ; or
(c) to produce to tlre Commission any book ol docurnent that is requiled
to be produced by the Courrnission.
(4) Subject to the provision olsubsection (3), aperson rvho violates any
of the provisions of this section comnrits an ollence and is liable on sumnlary
conviction-
(a) in the case of a natural person, to a fine not exceed ing N I ,000,000.00
or to a term of imprisonment not exceeding three months, or to both the fine
and imprisorlrrerrt ; and
(D) in the case ofa body corporate, to a fine nol exceeding N i 0,000,000.00.
I60.-( I) Any finding ol dec is ion given by tlre Comnr ission under or for Decisions o1'
the purpose of th is Act shall be sufficiently given in writing under the seal of Ihe
the Commission or if signed by one or rrore nrentbers of the Conrmission or Cornmission
by an officer or enrployee ofthe Corlnrission aLrthorised for that purpose. to be in
u riting.
(2) A copy ofa finding or decision ofthe Comnrission, certified to be a
true copy by an officer or enrployee of the Corlrr.rission authorised in that
behalfto certify copies ofdeternr inat iorr s ol decisiorrs ofthe Conrmission shall
be received in all courts as evidence of the detelnrination or decision.
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(3) A docunrent purporting to be a copy ofa determination or decision of
the Conrrnission and certified to be a true copy in accordance with subsectiotr
(2), unless the contrary is established. shall be deemed to be a copy and to be
so certified.
t6f.-{l)
Delegation The Conrmission may delegate any of its powers sub.iect to
b1 the such conditions and restrictions as it nray deem flt, and the delegation may be
Commission
made either generally or in relation to any particular rnatter or class ofnratters.
(2) A person to wlronr the Conrmission delegates its power shall be
either a rnember or an officer of the Commission.
(3) Subject to any general or special direction given or condition or
restrictioll imposed by the Cornmissiotr, atty pelson to whotrt auy power or
function is delegated may exercise the porver or perform the function in the
same malrner and with the same eflect as if it had been conferred directly by
th is Act.
(4) Any person purporting to acl pursuant to any delegation under this
section shall be presunred to be acting itr accordance rvith tlre teflns ofthe
delegation, in tlre absence of proof to the contrary.
(5) Delegation of any power or function under this section shall not
prevent the exercise of that porver or performance of that function by the
Commission.
(6) Until it is revoked or amended, every delegation shall coutinue irr
force according to its ternrs.
Cir il or 162. (l )No proceedings, civil ol clirninal, shall lie againstthe Cornnrission
criminal for anyhing it may do or fail to do in the course of the perforrrarlce or intended
proceedings perlormance of its functions, unless it is shorvn that the Conrnrission acted
in respect of
without reasonable care or in bad faith.
an) action
ofthe
(2) No civil proceed ings shal I lie aga inst any nrenrber ofthe Corrrnt ission,
Commission.
or ahy officer or entployee ol the Conrurission. for anything that nrernber.
officer or employee nray do or say or Iail to do or say in the course of carryirrg
out of the functions of the Comrnission. unless iI is shor.vrr lhat the persorl
acted r.vithout reasonable care or in bad faith.
(3) A person shall not be excused fi'om-
(a) complying rvith any requilentent to furnish inlornration, produce
documents, or give evidence under this Act
:
(D) appearing before the Conrrnission
;
(c) answering any question or ploducin-e any docurnent. on the ground
that to do so nright tend Io incrinrinate that person or another person.
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Protect ion i
(4) Except as rnay be required under any larv, rule or regulation, no
col-u't ol'person is entitled to require any menrber of the Commission, or any
officer or ernployee of the Comnrission or any other person present at any
meetilig of the Conrrnission, to divulge ol conlrnunicate arry infornration
tirrnished or obtained, docunrerrts produced, obrained or tendered, or evidertce
given, in connection rvith the firnctions ofthe ( onrnrissiotr.
(5) Anything said, or infornration tirrnishecl. ol docunrent produced or
tendered, or evidence given by any person to the Conrnrission shall be privileged
in the sanre manller as if that statement. inlorrnation. docunrent, or evidence
rvere made, furnished, produced, or given in ploceedings in a court.
163.-{ I ) Tlre Commission nray urake regulations and issue guidelines [)ou el lo
and notices for the effective inrplernen tat ior-, an(l operation oflhe provisions rrrakq
ofthis Act, and in particulal prescribing-- rcgulatiorts
(a) the procedures to be follou,ed Lrnder this Act with regard to
applications, notices to and proceedirrgs ofthe Comurission :
(D) the forms of applications and related docurnents required for the
purposes of this Act I
(c) fees, adnrinistnative perralties. clrarges or levies and such other lelated
rnatters ; and
(ri) how infornration requircd can bc obtained or accessed to confidential
infomration.
(2) The regulations, guidelines ancl notices referred to in subsection ( l)
may include procedural and enfol'cernent lules. ancl legulatiolrs or guidelines-
(a) for the application of Part VIII of this Act prohibiting resrricrive
agreemettts I
(b) for the applicatiorr ol Part lX of this Act prohibiting abuse of a
dorninant position
;
(c) on rnonopoly investigation under Paff X of this Act
:
(rl) on the assessnrent of Mergers under Part Xll of this Act
:
(e) on the corlsllrer protection regulatiorr under Parts XV-XVII of this
Act
:
(/ ) on malket clelln ition :
(g) on len iency prograntme : and
(i)
anv other reguiation, guideline and notice as nray be needed for the
inrplernentat ion of rhis Act.
--- PAGE 86 ---
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Application 164, The provisions ofany olher enactment, including the Investmetlt
of other and Securities Act, regulations or subsidiary larvs in force relating to or
enactments. connected with the subject matter of this Act shall be read witlr sttch
Cap. I2{. modifications as are necessary to bring them in conformity rt'ith the provisiorrs
LFN_ 200.1. of tlris Act.
165.-<l) The Consurner Protection Council Act, Cap. C25, Larvs of
Repeals and
sar ings. tlre Federalion of Nigeria, 2004. sections I I 8, I I 9, 120, 121, 122, 123, 124,
Cap. C25. 125,126, 127 and 128 oflhe lnvestnrents and Securities Act, Cap. I24. Laws
LFN.2004 of the Federation ofNigeria, 2004 are repealed.
(2) Without prejudice to section 6 ofthe Interpretation Act, the repeal of
the Act specified in subsection (l), shall not affect anything done trnder or
pursuant to the Act.
(3) There shall be vested in the Comntission all assets, funds, resout'ces
and other immovable property rvhich before the conntencernent of th is
Act, rvere vested in the Consunrer Protectiotl Council established trnder
the repealed Act.
(4) All rights, interest, obligations and liabilities of the Consunrer
Protection Council under the repealed enactment in place before the
commencemeltt of this Act under any contract or instrunent, or in law or
equity shall, by virtue to this Act. be assigned to and vested in the
Conrrnission established under this Act.
(5) Any contract or instrunre-,rt referred to in subsection (4), shall be of
the same force and effect against or in favour of the Corlmission established
under this Act and shall be enforceable as fully and effectively as il, instead of
the Consumer Protection Council under the repealed Act, the Comnrission
established under this Act had been named or had been a party.
'
(6) The Commission established under this Act shall be subject to all
obligations and liabilities to rvhich the Consumer Protection Council under the
repealed Act rvas subject to before the comrnencemenl of this Act.
(7) Any proceeding or course of action pending ol existing before the
commencement of this Act against the Consumer Protection Council uuder
the repealed Act in respect ofany right. interest, obligation or liability ofthe
Consumer Protection Council under the repealed Act rnay be continued, or as
the case may require, be comrnenced and the determination of any court of
larv or other autlrority or person nray be enlorced by or against the Contntission
established by this Act to tlre sanre exlent that such course of actiorr or
determination might have continued, or enforced by or against the Consunter
Protection Council under the repealed Act.
--- PAGE 87 ---
Federal Contpetition and Consunter 2019 No. I A85
Protectiott,4ct,20lS i
(8) Any regulation, ordeq bye-larv or notice made or issued or deemed
to be made or issued by, or fbr the purposes, of tlre Consumer Protection
Counc il under the repealed Act existing before the cotnmencement of th is Act
shall be deemed to lrave been made or issued by or for the purposes of the
Commission established underthisAct and shallcoutinue in force untilrevoked
or amended, subject to such modifications as may be applicable to the
Commission established under this Act.
(9) As from the conrmencement ofthis Act. any disciplinary proceeding
pending or existing against any staffor ernploS,ee oflhe Consumer Protection
Council shall be corrtinued and conrpleted by the Conunission established under
this Act-
166. The provisions of this Act shall have effect rvith respect to matters Transitional
arising from the transfer by this section to the Comrnission of the property of pror isions.
the Council before this Act, and rvith respect to lhe other matters mentioned
Second
in the Second Schedule to this Act.
Schedule.
167.-{l) In this Act- Inlerpretation.
that-
"acquiring undertaking" means an undertaking
(a) as a result of a merger rvithin the meaning of section 93 of this Act
r.vould d irectly or ind irectly acquire, or establish, direct or indirect control
over the whole or part ofthe business ofanother undertaking; or
(b) as a result of a nrerger rvithin the meanirrg of section 93 of this Act
has direct or indirect control over the rvhole or part ofthe business ofan
undertaking referred to in paragraph (a).
"lcl''
nreans the Federal Competition and Consumer Protection Act,
20t8;
-ap;ent" nleans a person who is authorised to act for another person
("the principal") through employment or by contract, whether express or
implied
;
"agreenrcti" includes a contract, arrangenrent, understanding, written
or oral. aud a concerted practice ;
"authorised officer" means any person appointed as such by the
Corrmission fol the purposes of implementation of the provisions of this
Act
:
"business" includes any activity that is carried on forgain or reward, or
in the course of rvhich goods or services are acquired or supplied or any
interest in land is acquired or disposed of, othenvise than free ofcharge
I
--- PAGE 88 ---
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"business secrzl" rneans trade. [rLrsiness or industrial information that
belongs to a pelson rvhich has ir pafticular economic value and is uot
generally available to or krtorvn br others:
"closc corporalir.rrr" nrearrs a colporatiorr rvhose slrares are not publicly
tladed and are lreld by a limited rruntber of persons
,
'-C'ode ofC'ond ucl" means a set ol'nroral principles or rules ofconduct
or behavior d rawn up by the Conlm iss ion for the Comtn issior.t, its enrp loyee
and a person acting tlrrough the authority of the Cornrnission
;
"conpany'' includes any entitl' rcgistered under the Nigeria Companies
and Allied Matters Act ol the Iarrs olany other country :
"conpluitturrl'' meaDs a persorr rvho initiates a conrplair:t:
"Connission" nreans the Federal Competition and Consurler Protection
Comnrission established under section i ( l) ofthis Act
;
"concerted proctice" rreans a practice involving direct or indirect
contacts betrveen conrpetitors lalling short ofan actual agleement l
"cortsurtter'' inc ltrdes any person
(a) lvho purchases or ofl'ers to goods other.,vise than lor the
1.rur-chase
purpose of resale but does r)ot include a person rvlto purchases any
goods for the purpose olusing tirern in the production or manufactule of
arry other goods or a[ticles lbr sale : or'
(b) to shorrr a service is rerr,leled
:
''cora'l" rneans the Court olAppealr
"deuler" means a persorr u ho brr1,s goods ol services for resale :
"clocttnrcttt'' neans a docUllenl irr iin! ltrrrll, $hethet'signed orothenr ise
autllenticated by its nraker ol rrol. lrnti irrcludes any-
(n) rvriting on any ntnterial
:
(6) infonnation recolded or stored by rneans of any tape-recolder,
conrputer, ol other device, anrl uitr rnatelia! subsequently derived fi.ont
infornration so recorded or stolerl
:
(c) label. urarking, ol ollr c r rr liling that identifies or describes anything
of rvhich it fblnts par{. ()r' ro r lriclr it is attacherl by atry nreans :
(r/) book. rnap, plan. rlrrph. ol ciran ing : and
(e) photograph, filru. nc'gative. ritpe. or other device irr rvhich one or
nrore visual iniages are enrbodic.cl so as 1o be capable (rvith or rvithout
tlre aid of some othel eqLriptlenr) ot'being leprocluceci
;
"anlerprise"
nteans any pelson irrvolved in business
:
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Federal Compelition and Con.vttnrcr 2019 No. A87
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"exclusi,e dealing" means any practice rvhereby an undeftaking as a
of-
condition
(a) supplying goods and services to a cttstomer-
(i) requires the custornerto deal only or plirnarily in goods or services
supplied or designed by undertaking or its nonritree, or refraitr from
dealing in a specified class or kind ot'goods or services, except as
supplied by the undertaking or its nomittee, or
(ii) induces a custon'rer to rneet such condition by offering to supply
goods or supply goods or services to the custonrer on rnore favourable
ternrs or conditions ifthe custonrel agrees to rneet that condition
;
(D) purchasing a specified class or kind ofgoods or services from a
supplier, requ ires the su pp l ier to lefrain fronr supplying the same c lass or
kind ofgoods or services to other undertakings
;
"Chairman" means the Chairtnan of the Comnrission ;
"Executive Vice-Chairnrat?" tneans the Chief Executive of the
Cornrnission;
"Federal" refers to the Federal Republic ol Nigeria
;
"ftotctiort" includes powers and duties:
"give effect /o" in relation to a provision ol a contfact, arrangernent or
runderstanding, includes :
(a) doing an act in pursuance of, or in accordance with tlrat provision
; and
(D) enfbrcernent or purport to enforce that provision
;
" goods"
-
(a) when used u'ith respect to particular goods, includes any other
goods that are reasonably capable of being substituted for thenr, taking
into account ordinary commercial practice and geographical, technical
and temporaI constraints ;
(D) inc ludes-
(i) ship, aircraft, and vehicles,
(il) minerals. trees and crops. rvhether on, under, or attached to
land or not,
(iii ) gas and electricity:
''Goyentrtrcnt of the Federatior'' means the Federal, States and any of
the Local Covernrrents of the Federation :
''iudge"
ureaus Judge of the Court ofAppeal I
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A 88 2019 No. I Federal Conryetilion and Consumer
Proteclion Acl, 2018
"nrcntbers of lhe Contntisslor" nreans tlre Executive Chairmarr and the
Conrrnissioners of the Conrnr issiotr :
"nterger-'means a transaction lalling under the definition ofsection 93
of th is Act ;
"Minister;' means, uuless otherwise stated, the Minister responsible for
trade matters
;
"Prcsident" lneans the President and Cotnnrander- in-Ch ief of tlte Armed
Forces of the Federzl Republic of Nigeria:
"person-', includes any natural or legal person, whether incorporated or
not;
"prescribed' means prescribed by regulatiorts under this Act or by the
Comnrission;
"price" includes any-
(a) charge or fee or valuable consideration in any form, rvhether dilect
or indirect : and
(6) consideration that in effect relates to the acquisition or supply of
goods or services or the acquisition or disposition ofany interest in land,
although ostensibly relating to any other matter or thing ;
"principal" nteans a person rvho autholises oI empowers another person
to act as its representative or agent
;
"pruducts" includes goods trl serr ices :
"Public Sen,ice Rules'' means the version olthe Public Service Rules
cu rrerrtly irr force I
''respondent" means a person against whonr a complaint is rnade :
"restrictive pracllces" rneans practices in restraint of tlade or wltich
otherwise hinder conrpetition
;
"retailer" means a person rvho sells goods or services to cotrsunre!'s
:
''repealed enoct rcnt'' includes sections I 18, I 19, 120, l2l, 122. l2i.
124,125,126, 127 and l28ofthelnvestmentsand Secu rities Act, Cap. 124
Laws of the Federation of Nigeria, 2004 and tlre Consunrer Protection
CouncilAct Cap. C25 Laws of the Federation of Nigeria,2004
:
sertice" irrcludes-
"
(n) a service ofany description, whether industrial, trade, professional
or any otlrer service ; and
(D) the sale ofgoods, rvhere the goods are sold in conjunction rvith the
rendering of a service :
"sale" includes advertiserrrent for sale, display for sale, and offer for
--- PAGE 91 ---
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Federal Competilion and Consunter 2019 No. A89
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sa le, and "sell",;
"selling", and "solcf' have correspottding meanings ;
''share" means a share in the slrare capital ofa company or other body
corpolate, rvlrether or not it carries the right to vote at general meetings,
arrd includes-
(a) a beneficial interest in any such share
:
(D) a power to exercise, or control the exercise of, a right to vote
attaching to any such share that carries tlre right to vote at meetings of
the cornpany
;
(c) a porver to acquire or dispose ol, ol control the acquisition or
disposition of, any such share: and
(rl) a perpetual debenture and perpetual debenture stock
;
"Sturt, office" nleans an official positiorr, division or agency ofa Local,
State or Federal Government
;
"supplier" means a person who supplies goods or services to another
person
;
"supply", in relation to-
(a) goods, includes supply, or re-supply by rvay ofgift, sale, exchange,
rent, lease, hire, or hire purchase;arrd
(D) services, includes provide, grant, or confer and "supply" as a
rrourr, and "suppliecf' have corresponding meanings
;
"turget untlertakirg" rneans an undertaking, which as a result of a
Act-
rnerger within the rneaning of section 93 of th is
(a) the rvhole or part ofwhose business rvould be directly or indirectly
controlled by an acquiring undertaking: or
(b) would directly or indirectly transfer control ofthe whole or part
of, its business to an acquiring undertaking:
"tuntot,er" means the anlount of rrroney taken by the business in a
determined period
;
"trade" includes any business, industry, plolession, occupation, activity
of comnrerce or undertaking relating to the supply or acquisition ofgoods
or services or to the disposition or acquisition olany interest in land
;
"Tribmaf'means the Conrpetition and Consunter Protection Tribunal
(l)
estabiished under section 39 of thisAct
:
'"mtdertaking" includes any person involved in the production of, or the
trade irr, goods, or the provision ofservices
:
(2) In this Act, a reference to "engaging in conduct" shall be read as a
--- PAGE 92 ---
A 90 2019 No. I Federal C'ontpetition crrtcl Consutter
:. Protection Act,20l8
reference to doing or refusing to do any act, includ ing the entering into, or the
giving effect to a provision oi a contract or arrangenrent.
Act-
(3) In this
(a) a reference to the "acqui.sition of goods" includes a reference to
the acquisition of property in, ol rights in relation to, goods in pursuance of
a supply ofthe goods
;
(D) a reference lo "rhe suppl)) or acquisition of goods or sert,ices"
includes a reference to agreeing to supply or acquire goods or services :
(c) a reference to "the supply or ocquisitio,l of goods" includes a
reference to the supply or acquisition ofgoods togethel with other property
or services or both ; and
(d) a leference lo "the suppll: or acquisitiort of services" itrcludes a
reference to the supply or acqu is ition ofservices together with property or
other services or both.
(4) For the purpose ofthis Act, any two undertakings or associations of
if-
undertakings are to be treated as affiliated
(a) one ofthem is an undertaking of which the other is a subsidiary, as
the subsidiary is understood under the provisions of the Cornpanies and
Allied Matters Act, Cap. C20, Laivs of the Federation of Nigeria, 2004
;
(D) both ofthem are subsidiaries (rvithin the rneaning olthose sections)
of the same undertaking : or
(c) both ofthem are affiliated rvith undertakings that, in accordance rvith
paragraph (a) or (D) ofthis subsection, are affiliated.
(5) In this Act. "conrpetition'' nreans workable or effective courpetition
in relation to the supply and denrand ofgoods or services in any given nrarkel
and unless the context otlrenarise lequires, references to the lessening of
competition include references to the h indering or preventing ofcompetitiorr.
(6) For the purpose of this Act, the effect on competition in a market
shall be detenni.red by reference to all factors that affect competition in that
market, including competition fronr goods or services supplied or likely to be
supplied by undertakings not residellt or not carrying ou busirress in Nigeria.
Act-
(7) For the purpose of this
(a) a provision of a contract or arrangelrent shall be deerred to have
if-
had, or to have, a particular pulpose;
(i) the provision was or is irrcluded in the contract or arraugement or
--- PAGE 93 ---
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Federol Contpetition and Consunter 2019 No. A91
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is required to be given, for that purpose or purposes that included or
include that purpose, and
(ii) that purpose was or is a substantial purpose
;
(D) a person is deemed to have engaged, or to engage, in conduct for a
particular purpose or a particular reason ifthat person engaged or engages
in that conduct for that purpose or reason or for purposes or reasons that
included or include that purpose or reason, and that purpose or reason was
or is a substantial purpose or reason.
to-
(8) In this Act, a reference
(a) a contract shall be construed as including a reference to a lease of,
or a license in respect of, any land or a building or part ofa building, and
shall be so construed notwithstanding any express reference in this Act to
the lease or license, but does not mean a reference to the memorandum of
association or articles ofassociation of a company
;
(D) making or entering into a contract, in relation to a lease or license,
shall be read as a reference to granting or taking the lease or license ; and
(c) a parfy to a contract, in relation to such a lease or license, shall be
read as including a reference to any person bound by, or entitled to the
benefit of, any provision contained in the lease or license.
(9) For the purposes of this Act, any contract or arrangement entered
into by an association or body is deemed to have been entered into by allthe
persons or undertakings who are members ofthe association or body ;
( I 0) Nothing in subsection (9) shall apply to any member of an association
who-
or body
(a) expressly notifies the associatiorr or body in writing that he
disassociates himself from the contract, or arrangement or any provision
thereof
;
(D) establishes that he had no knowledge and could not reasonably have
been expected to have had knowledge of the contract, arrangement, or
understanding.
to-
(11) In this Act, a reference
(a) Federal Government means the Federal Government ofthe Federal
Republic of Nigeria
;
(D) State Covernment lneans the Government ofany ofthe States that
constitute the territories ofthe Federal Republic of Nigeria, as recognised
by the Constitution ofthe Federal Republic ofNigeria, 1999.
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( l2) Every reference in this Act to the term, "market" is a reference to
a relevant market in Nigeria for goods or services as well as other goods or
services that, as a matter of fact and commercial common sense, are
substitutable for them and the meaning ofthe term relevant market shall be
based on examination of demand substinrtability, supply substitutability and
potential competition.
( I 3) 'For the purpose of this Act, the term-
(a) "regulatory agency". meaus any Government agency established to
regulate the term's and conditions for demand and supply of goods and
services in any given industry and in this respect, the regulatory agency irr
question is one established either by the Federal or State Government ;
(b) " re g.il ated industry" rneans an industry which is designated as such
by the Commission and which is under the regulatory authority of a
regulatory agency.
First ( I 4) For the pprpose of th is Act, the term, "professional associations"
Schedule. means the professional associatious mentioued irr the First Schedule to this
Act.
Citation. 168. This Act may be cited as the Federal Competition and Consumer
Protection Act, 20 I 8.
--- PAGE 95 ---
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Federal Contpetition and Coasunter 2019 No. A93
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SCHEDULES
FIRST SCHEDULE Section 167 (14)
Pnorrsstotar AssoctnttoNs
The associations and their governing bodies established by the under
Act-
listed enactments are professiorral associations for the purposes ofthis
(a) Architects (Registration, etc.) Act, Cap. A 19, Laws of the Federation
olNigeria,2004
;
(D) lnstitute of Chartered Accountants Act, Cap. ll l, Laws of the
Federation ofN igeria, 2004 :
(c) Dental Technologists (Registration, etc.)Act, Cap. D6, Larvs ofthe
Federation ofN igeria, 2004
:
(fl
Engineers (Registration, etc.) Act, Cap. E I I , Laws of the Federation
ofNigeria,2004
;
(e) Estate Surveyors and Valuers (Registration, etc.) Act, Cap. El3,
Laws olthe Federation of Nigeria, 2004 :
(/) Legal Practitioners Act, Cap. L I l, Laws of the Federation ofNigeria,
2004;
(g) N{edical and Dental Practitioners Act, Cap. M8, Laws of the
Federation ofN igeria, 2004
;
(i) Nursing and M idwifery (Registration, etc.) Act, Cap. N 143, Larvs of
the Federation of Nigeria,2004 ;
(l) Plrarrnacists Conrmission of Nigeria Act, Cap. P I l, Laws of the
Federation ofN igeria, 2004
:
(i )Quantity Surveyors (Registration. etc.) Act, Cap. Q l, Larvs of the
Federation olN igeria, 2004
:
(k) Surveyors Registration Coururission of Nigelia Act, Cap. S I 8, Laws
of the Federation of Nigeria, 1990:
(/)Town Planners (Registration, etc.) Act, Cap. T7, Laws ofthe Federation
ofNigeria,2004
;
(rrr) Veterinary Surgeons Act, Cap. V3. Laws ofthe Federation of Nigeria,
2004 ; and
(n) any other prolessional association cleated b1, any larv and designated
as such by the Contmission, provided that any designation ofan association
as a professional association shall be published by the Comnrission by
regulations for the purpose of inclLrsion in this Schedule.
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A94 I Federal Contpetition and Consunrcr
2019 No.
Prolection Act,2018
SECOND SCHEDULE Section 166 (2)
TnnrsrrroNnr Pnovrstor.rs
Transfer of Assets
l.-( l) All Assets and funds which irnmediately before the
commencement of this Act were vested in the Consurner Protection Council
(hereinafter referred to as "the Council") shall by virtue ofthis Act be vested
in the Federal Competition and Consumer Protection Commission herein after
referred to as "the Commission").
(2) All bonds, hypothecations, securities, deeds, contracts, instruments,
documents, and working arrangements with respect to the assets transferred,
that subsisted immed iately before the commencement of th is Act and to rvh ich
the Councilwas a party shall be as fully effective and enforceable against or
in favour of the Commission as if, instead of the Council, the Commission had
been named therein.
(3) Any cause of action or proceeding which existed or was pending
with respect to the assets transferred by ol against the Council inrmediately
before comnrencernent of th is Act, sha ll be enforced or contin ued, as tlre case
may be, by or against or in favour of the Comrnission iu tlre same way that it
might have been enforced or continued by or against the Council had this Act
not been passed.
(4) No action or other proceeding shall be comrnenced against the
Commission in respect of an employee or asset that has been transferred to
the Commission, if had there been no transfer, tlre tinte for commencing the
action or other proceeding would have expired.
(5) Nothing in this Act and nothing done as a r-esult of a transfer under
(l)
subparagraph of this paragraph shall create any new cause of action in
of-
favour
(a) a holder ofa debt instrunrent tliat was issued by the Council before
the commencernent of th is Act
;
(D) a party to a contract with the Council that rvas entered into before
the commencernent of this Act.
(6) Any guarantee or sr-rrety-ship given or made by the Federal
Covernment or any other person in respect of any debt or obligation of the
Council, and which was effective inrmediately before the transfer of the
principal debt or obligation, sha ll renrain fully effective against the guarantor
or surety on and after the transfer date in relation to the payme,rt of the debt
--- PAGE 97 ---
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Federal Compelition and Consumer 2019 No. A95
Protection Act,20lE
or the performance of the obligation, as the case may be, by the Commission,
to which the principal debt or obligation was transferred.
Transfer of Entployees
2.{
I ) Upon the commencement of this Act, such number of persons
employed by the Council, as may be required by the Commission shall be
deemed to be staffof the Commission and shall be transferred to the service
ofthe Commission on a merit and value basis and on terms not less favourable
than those enjoyed immediately prior to the ransfer.
(2) The service rendered by an employee transferred under subparagraph
( I ) to the Council shall be deemed to be service rvith the Commission for the
purpose of determining employment related entitlements as specified in the
relevant Iaws of employment in Nigeria.
(3) Until such time as conditions of service are drawn up by-the
Cornmissiou-
(a) the terms and conditions of service applicable to employees of
the Council shall continue to apply to every person transferred to the
Commission as if every such person rvere still in the service of the
Council ; and
(6) the Commission shall continue to contribute towards any pension
scheme to which the Council was contributing in respect ofpersons in the
employment of the Council prior to the transfer date.
to-
(4) Nothing in this paragraph shall operate
(a) prevent any employee of the Council from resigning or being
disnrissed from service ; and
(D) create an entitlement for any employee ofthe Council to become an
employee of the Commission.
Directions to the Cotmcil
3.{
I ) The M inister may give the rnembers of the Board of the Council
directions in rvriting in order to ensure the propertransfer ofthe assets ofthe
Council to the Commission and the Council shall withoutdelay, comply with
every such direction.
(2) Without derogating from subparagraph (l), directions given under
that sub- paragraph may provide for-
(a) the cessation ofall or any ofthe firnctions ofthe Council
;
--- PAGE 98 ---
A 96 2019 No. I Federal' Contpetition and Consmner
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(D) the tennination ofany contract entered into between the Council and
any person, provided that no such direction shall authorise the Council to
breach the provision ofany such contract; and
(c) the production of any report and the provision of any information
concerning the cqnduct ofthe Council or the members ofthe Board ofthe
Council or anything done by or on behalfofthe Council or the rnembers of
the Council.
I certifu, in accordance with Section 2 ( l) of the Acts Authentication Act,
Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of
the Billpassed by both Houses of the National Assenrbly.
MoHevve o Amsr SnNr-Ovoronl
Clerk to the National Assenrbly
20th Day of Decentber,2018.
ExpleNarony Mrvoneuouv
This Act establishes the Federal Conrpetition and Consumer Protection
Commission and the Competition and Consumer Protection Tribunal for the
promotion of competition in the Nigerian markets at all levels by eliminating
inonopolies, prolribiting abuse of a dominant market position and penalising
other restrictive trade and business practices.
--- PAGE 99 ---
SCHEDULE TO THE FEDERAL COMPETITION AND CONSUMER PROTECTION BILL, 20I8
(l)
(2) (3) (4) (s)
Short Title Long Titlc of' thc Summury ol lha Dutc Pu,sl;ed hy Dute Pu:;scd by
d the Bill Bill Llontents d thc Bill thc Senute Ihe Housa o/
Rcprescntut ives
Federal An Act to repeal the Consurner This Bill establishes the Federal 5th Decernber. 2018 29th March,
Cornpetition Protection Act Cap. C25, Laws ofthe Cornpetition and Colr su rne r 20t8.
and Feder ation of Nigeria, 2004, establish Protection Corn nr iss ion and the
Consumer the Federal Conrpetition and Consumer Cornpetition and Consurner
Protection Protection Com m ission and Protection Tribunal for the
Bilt. 20 r 8. Conrpetition and Consumer Protection prornotiou of cornpetition in the
Tribunal for the developrnent and N igeriarr Inarkets at all levels by
pronrotion of fair, efficient and elirninating rronopol ies, prohibiting
conrpetitive rnarkets in the Nigerian abuse of a dornirrant rnarket positiorr
econorny to facilitate access by all and penalising other restrictive trade
citizens to safe products and secure the and business practices.
protection of rights for all consurners
in N igeria ; and for related rnatters.
I certify that this Bill has been carefully compared by rne rvith the decisiou reached by the National Assenrbly and found by nre to be
true and correct decisiou of the Houses and is in accordauce with the provisions of the Acts Autlrentication Act Cap. 42, Laws of
the Federation of Nigeria,2004.
I Assr.N
r
Mor r,rvvro A'r'nut S,lNt-Ovor.orrt
(.)lcrk lo the Nutknul Assemhly
20th Duy ti'Decembcr 2018.
M ttt trrMM,ttru But t,lttt. <;t t,tt
Prcsident ol the Fcderul Republic o/'Nigeriu
30th Day d'.lunuury, 2019.