customers' pressure and legislation have decreased opportunities for companies to exploit consumers...

8/17/2019 Customers' Pressure and Legislation Have Decreased Opportunities for Companies to Exploit Consumers and Incre…

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Abstract

Customers are asking for their rights to safety, information, choice and hearing,

unlike in the past. There are instances when consumers raise their voices in

protest against unsafe or adulterated products, government official investigate

shoddy deals by both businessmen and the legislatures (oil subsidy and power

supply probes – Otedola and Farouk awal!, protests emanate from our variouscampuses of tertiary institutions or our streets as a result of the increase in the

pump price of fuel and kerosene, or failure of business to clear up the

environment. "n these situations all complain that business and those who run

or supervise it are e#ploiting the consumers and do not take the consumers into

confidence in affairs that concern them. This paper discusses how customers$

pressure and legislation have decreased opportunities for companies to e#ploit

consumers and increased marketing orientation in %igeria. The various

measures that the government, individuals, organi&ations, 'ournalists and stakeholders utilise to react to increasing companies e#ploitation of consumers

in %igeria have antecedent with pressure groups. )ome of these e#ploitation

tendencies by companies can only be ameliorated by increasing marketing

orientation. *any companies are trading in the intrinsic values of the brand.

Consumer complaints are part of business, because they have positive effects

for the organi&ation if they integrate effective marketing orientation. "n

agreement with the positions of +otler, (--!/ Ayopo, Maclayton and Opara,

(2010) that consumerism and e#ploitation of the consumer persist becauserelationship marketing and marketing orientation have not crystalised in the

companies, this paper advocates for total 0uality marketing and marketing

orientation in %igeria. Customers and consumers are the kings, 0ueens, princes

and princesses of business. They are sovereign and must be treated e#cellently

well and fairly, to enable the companies to maintain their profitability, market

share and loyalty.

Key words: Customers$ 1ressure, egislation, Consumers, Consumerism,

Consumer rights, *arketing Orientation, )ervicom, Consumer

laws, Consumer movements.

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1. Introduction

Consumer complaints are part of business. They are interal part of business because they ha!e positi!e effects for the oranisation if mar"etin

orientation eats deep in the fabrics of the company. Oranisations are made

a#are of their lapses throuh complaints brouht by customers$ pressure roups

and can bein to riht the #rons spotted out. Customers and consumers are the

"ins, %ueens, princes and princesses of business. They are so!erein and must

be treated e&cellently #ell and fairly, to enable the companies to maintain their

profitability, mar"et share and loyalty. Ayo'ie (2012) and A"panenua (1)

opine that the consumer entity in ieria is hapless, hopeless and helpless. Tothem consumer so!ereinty sounds fairly fallacious and folly.

Mar"etin is a constantly e!ol!in craft and discipline. As society

chanes, so do our ideas of #hat constitutes effecti!e and socially responsible

mar"etin come to play. *tartin in the mid+10s, se!eral forces arose to

challene some of the ma-or premises of mar"etin practice. These forces

constitute a ne# mar"etin en!ironment and pose challenin %uestions about

the appropriate character of effecti!e and socially responsible mar"etin in the

years ahead. *ome of the forces in mar"etin are Consumerism,n!ironmentalism, *hortaes, +mail Mar"etin, /nflation, o!ernment

eulations and Mar"etin thics. The focal point of this paper #ill be on ho#

customers$ pressure and legislation have decreased opportunities for companies

to e#ploit consumers and increased marketing orientation in %igeria.

2. Marketing and Customers' Pressure Groups /Legislation

Mar"etin$s ethical issues are of course, ine&tricably bound up #ith

consumerism, and the implications for both reach beyond the boundaries of mar"etin manaement$. The response of mar"etin to consumerism presents

us #ith philosophical as #ell as practical %uestions. 3otler$s (2004) call for a

re!ised mar"etin concept$ #ould ta"e into account the lon+term moral and

social issues #ith #hich mar"etin should no# concern itself. 5efore

e&aminin further such a concept, #e should reconi'e certain practicalities

#hich complicate the issue.

The essence of mar"etin stratey is to thin" and plan for the lon term.

This strateic approach is also essential if a firm #ishes to adopt an increasedsocial orientation and respond positi!ely to consumerism. The economies of

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business life on the other hand, tend to in!o"e short+term concern, and #hile the

e!idence of successful lon+term stratey is all around us, this is ne!er easily

achie!ed. /t is li"ely that such difficulties #ill be accentuated by the addition of

a consumerist6social dimension to lon+rane plannin.

The second important consideration is that of the social6economic en!ironmentitself. Consumerism, ta"en to its loical and ultimate conclusion, implies a

ma-or redistribution of #ealth and po#er.

3. Legislation and Consumer Protection trategies

7eislation as touchin the consumer is meant to redistribute #ealth and

also reulate and chec" the e&cesses of businesses and indi!iduals aainst the

ierian consumer. Other reasons aimed at protectin the consumer include8

+ To ensure that fa"e products are not sold to consumers9

+ To uard aainst false and misleadin ad!ertisements9

+ To protect consumers from consumin danerous drus and polluted oods9

+ To ensure that oods are manufactured based on appro!ed standards

thereby pre!entin the mar"etin of inferior and adulterated products and

drus to consumers9+ To a!oid cheatin consumers #ith reards to credit sales9

+ *ince most consumers are illiterates, consumer protection ensures that

producers and sellers respect the rihts of consumers in the mar"et place9

+ To ensure that consumers et !alue for their money and maintain a suitable

standard of li!in.

A better appreciation of o!ernment role can be ained by considerin

separately the numerous consumer protection la#s and other consumer oriented

actions and pronouncements8

2.3 The Criminal Code

The criminal code at section 24: prohibits the corruption of #ater sources

and places imprisonment of si& months on culprits and section 24; #arns

aainst pollution of atmosphere or doin any act


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uilty of a misdemeanor, and is liable to imprisonment for si& months. As far

bac" as 11:, the >ater >or"s Act had prohibited the introduction of any

obno&ious or in-urious matter in the #ater #or"s, public fountains, streams etc.

and a fine of 20 pounds, #as placed (Ade#ale, 1481:?). The criminal code

and other la#s #ere established lon before no# to ta"e care of the citi'ens #ho

incidentally are the consumers in the economy of any nation.

2. The )ales of 4oods 5ct (3672!

*ome of its more important pro!isions include the seller must ha!e the

riht6title to sell the oods at the time of sale, the oods should be free from

encumbrances9 the oods must be of merchantable %uality. >hen oods are sold

by description or sample, such oods must conform to that description or

sample in %uality. Also oods must fulfill the purpose #hich #as disclosed to

the buyer at the time of sale other#ise, the seller #ill be liable.

The rule @ca!eat emptor@ meanin


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2. :eight and *easures 5ct (379!

This la# directs on the appropriate use of measurement in terms of

lenth, area, !olume, capacity, mass or #eiht for purposes of protectin the

consumer in particular and others in the business transaction. /t is an offence for

any person to #illfully defraud another throuh the use of any #eiht, measure,

#eihtin and measurement instruments. The Act also pro!ides aainst the sale

of any pac"aed oods #hose minimum net #eiht is not clearly stated on a

label securely attached to it.

2.; )tandard Organi&ation of %igeria 5ct ()O%! 3767

/t #as established amon other thins to orani'e and do e!erythin

necessary to ensure compliance #ith standards desinated and appro!ed by

council, underta"e in!estiations necessary into %uality of facilities and

products manufactured and imported into the country so as to establish a %uality

assurance system, includin certification of factories, products and laboratories

and to cooperate #ith correspondin national or intentional orani'ations in

such fields of acti!ities as it considers necessary #ith a !ie# to securin

uniformity in standards specifications. *O has been critici'ed of not doin its

#or" #ell, althouh "erete (2000) reports that in 11 alone the orani'ation

sei'ed 2 containers of imported products that #as of e&tremely poor %uality.

*O s Annual eport 1; sho#ed that the follo#in products found to be‟

ha'ardous to life and health #ere impounded, sei'ed and subse%uently

destroyed8 t#o containers of tunsten filaments lamps, t#o containers of used

tyros, one container of electric cables, one container of electric pressin ironsand t#o containers of biscuits. /n the same year the *O bulletin reported that

the orani'ation handled 1 consumer complaints as aainst 2? in 1. /n some

cases, in!estiations #ere concluded #hile compensation #ere paid by

concerned suppliers to complainants #ere actions and in!estiation #ere

concluded (bitu, 200?822). /n recent years not much is heard about this body9 it

should sit up.

2.< 5dvertising 1ractitioners (=egistration, >tc.! 5ct (3766!

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eulates and defines #ho is %ualified to practice ad!ertisin. /t also sets

uidelines for reistration of ad!ertisers and punishment of %uac"s. There are

other la#s and aencies that reulate ad!ertisements. They include ood and

Brus Act (1;4), Central 5an" of ieria Act (C5), ABAC, Tobacco

*mo"in (Control, etc.) Act 10, *O, Mar"etin (5reast Mil" *ubstitutes)

Acts 10, etc.

2.9 Federal >nvironmental 1rotection 5gency (377!

This aency #as established to maintain ood en!ironmental %uality by

as"in companies dealin directly #ith the en!ironment to conduct an

n!ironmental /mpact Assessment (/A) of their acti!ities in order to control

and measure the e&tent of deradation and pollution that may occur as a result

of their pro-ects.

2.6 Consumer 1rotection Council 5ct 377

5efore no# there had e&isted the consumer education and protection council of

1;0. >e cannot substantiate about the achie!ement or !iability of this council

until 12 #hen the consumer protection council act #as enacted. The functions

of this council include8

i. Dro!ide speedy redress to customers$ complaints throuh neotiations,

meditations and conciliation9

ii. *ee" #ays and means of remo!in or eliminatin from the mar"et

ha'ardous products and causin offenders to replace such products #ithsafer and more appropriate alternati!es9

iii. Dublish from time to time, list of products #hose consumption and sale

ha!e been banned, #ithdra#n, se!erally restricted or not appro!ed by the

ederal o!ernment or forein o!ernments9

i!. Cause an offendin company, firm, trade association or indi!idual to

protect, compensate, pro!ide relief and safeuards to in-ured consumers or

communities from ad!erse effects of technoloies that are inherently

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harmful, in-urious, !iolent or hihly ha'ardous9

!. Orani'e and underta"e campains and other forms of acti!ities that #ill

lead to increased public consumer a#areness9

!i. ncourae trade, industry and professional associations to de!elop and

enforce in their !arious fields %uality standards desined to safeuard the

interest of consumers9

!ii. /ssue uidelines to manufacturers, importers, dealers and #holesalers in

relation to their obliation under this Becree9

!iii. ncourae the information of !oluntary consumer roups or

associations for consumers #ellbein amon other functions.‟

Offences are created under the Act and contra!ention attracts a fine of

:0,000 or fi!e years imprisonment or both. Apart from publishin consumer

protection leaflet #hich states the responsibilities of the consumer and attendin

fe# conferences on consumer protection, bitu (200?840) reports that the

councilEs impact is yet to be felt in ieria.

2.7 %ational 5gency for Food, 8rugs 5dministration and Control (%5F85C!

/t #as established in 1 to perform the follo#in functions amon others8

+ eulate and control the importation, e&portation, manufacture,

ad!ertisement, distribution, sales and use of food, drus, cosmetics,

medical de!ices, bottled #ater and chemicals.

+ Conduct appropriate tests and ensure compliance #ith standard

specifications desinated and appro!ed by the council for the effecti!econtrol of the %uality of food, drus, cosmetics, medical de!ices, bottled

#ater and chemicals and their ra# materials as #ell as their production

processes in factories and other establishment.

+ Fnderta"e appropriate in!estiations into the production premises and ra#

materials for food, drus, cosmetics, medical de!ices, bottled #ater and

chemical and establish rele!ant %uality assurance systems, includin

certification of the production sites and of the reulated products.

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+ Compile standard specifications and uidelines for the production,

importation, e&portation, sales and distribution of food, drus, cosmetics,

medical de!ices, bottled #ater and chemicals.

+ Fnderta"e the reistration of food, drus, cosmetics, medical de!ices,

bottled #ater and chemicals.

+ Control the e&portation and issue %uality certification of food, drus,

cosmetics, medical de!ices, bottled #ater and chemicals intended for

e&port.

+ stablish and maintain rele!ant laboratories or other institutions in

strateic areas of ieria as may be necessary for the performance of its

function under this Becree.

*ince the aency came on stream, it has been recordin measure of

success, educatin the public, reisterin both locally manufactured and

imported products and sanctionin producers and sellers of unreistered, and

illeal products in ieria. The Aency has done so much to brin sanity to

drus and imported6manufactured foods in ieria. 5illions of naira #orth of

food items considered not fit for consumption ha!e been sei'ed and destroyed.

/n May 2004, the Aency sa!ed the nation from imminent catastrophe from

/ndomie poison. a"e toothpastes #orth 10 m #ere sei'ed at Onne Dort in

i!ers *tate. /n 200;, the Onitsha dru mar"et #as closed do#n to ensure that

fa"e drus are sorted out and destroyed, althouh the mar"et #as reopened after

saniti'ation. Anyan#u (200;8) reports that Onitsha+head mar"et #as closed

do#n on March , 200; o!er fa"e and counterfeit drus. After screenin of themar"et, ABAC remo!ed and publicly destroyed truc"loads of fa"e,

counterfeit, e&pired, banned and smuled drus #orth o!er .:bn from the

mar"et. The traders later promised ne!er to deal on fa"e drus any loner. The

aency and its officials ha!e been honored #ith so many pri'es because of their

commitment and dedication to duty.

Other la#s that protect the consumer either aainst misleadin

ad!ertisin, adulterated, counterfeit and fa"e drus, foods, cosmetics and bottled

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#ater, or unnecessary price increases are a!ailable in our la# boo"s. *ome of

them include the Tobacco *mo"in (Control )Amendment Act 2002 #hich

prohibits smo"in in public places and offenders are liable to a fine of

20,000.00 for indi!iduals and 100,000.00 for orani'ations9 ational Bru

7a# nforcement Aency (B7A) noted that those dealin on fa"e drus are

liable on con!iction to 1: years imprisonment or a fine of :00,000.009 the

Droducti!ity, Drice and /ncome 5oard Act (1;) #hich reulates price

ad-ustments9 the ent Control Act, #hich reulates the relationship of landlords

#ith tenants and protects the tenants aainst shyloc" landlords9 the Gire

Durchase Act, the Trade Mar"s Act and so on. All these la#s are aimed at

protectin the consumer but the problem is that of enforcement by those chared

#ith implementin the la#s. 5a"er, (2010820), and bitu (200?) all aree that

a lot still remain to be done by o!ernment. These are in the areas of consumer

education, creatin a#areness and actually enforcin the present la#s, #hich are

more than enouh to protect the consumer if effecti!ely implemented.

Apart from the use of la#, the ierian o!ernment sometimes creates

a#areness on consumer issues8 o!ernment also uses moral suasion to appeal to

the conscience of businesses to be responsible, and for the consumers to be alert

to #hat they buy and consume. or instance, the ierian Customs runs a TH

proram e!ery Monday #hich persuades ierians to a!oid smulin, stop

importin banned products and not to i!e or recei!e bribes. ABAC also

mounts an ad!ert8


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step in the ad!ancement of consumerism. Ge proposed the follo#in consumer

rihts$.

i. &e rig&t to sa$et() Consumers ha!e the riht to e&pect that products do

not possess hidden daners. This #as the basis of ader$s campain aainst

the automobile industry. /n the F3, the aftermath of the thalidomide affair

forced attention to turn on food and drus. Occasionally, such attention hasled to alleations of alarmist acti!ity by consumerists. /n the F* the use of

cyclamates in artificial s#eeteners #as alleed to ha!e a carcinoenic effect.

*ubse%uent in!estiations held that such products #ere harmless in the

%uantities normally consumed by human beins.

ii. &e rig&t to be in$ormed) Consumers should be protected from

inade%uate and misleadin product information and from deceptions in

ad!ertisin, uarantees and product labelin. Dossibly the most e&treme

e&ample is that of ciarette ad!ertisin and the introduction of o!ernmenthealth #arnins. Other e&amples are less contro!ersial, but the idea remains

the same8 consumers should be responsible for their purchase decisions only

after ha!in been in receipt of ade%uate product information.

iii. &e rig&t to c&oose) Consumers ha!e the riht to real competition

amon sellers and should not be sub-ected to confusin promotion and

product labelin. An e&periment in California sho#ed that such #as the

!ariety and comple&ity of labelin, that supermar"et shoppers #ere

incapable of relatin %uantity to cost #hen ma"in purchases.i!. &e rig&t to be &eard) Consumers ha!e the riht to e&press their

dissatisfactions in a manner #hich #ill attract attention and so achie!e

positi!e results.

!.2 Additional (pes o$ %ig&ts and Abuses u$$ered b( t&e Consumers in

*igeria

ihts to #hich abuses are inflicted aainst consumers may be classifiedas protection of consumers aainst threat8

+ to life and property

+ to mar"et in perfections, deception and fraud

+ from other consumers. *ethi (1;4)

!.2.1 &reat to Li$e and Propert(

Technoloical brea"throuhs are presumably responsible for threat to life

and property and could be classified into t#o main classes.1. 1rotection from the voluntary consumption of goods and services J /t

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refers to buyin consumer durables or non+durables #hich a consumer

"no#s are defecti!e. /ndulence in smo"in and drin"in or the boardin

of an o!erloaded !ehicle sometime #ith poor tyres, for e&ample

ciarettes and alcohols ha!e been confirmed by health e&perts as slo#

"illers.

2. 1rotection from involuntary consumption of polluted environment J /ndeed, #e li!e in the midst of smo, oil stained beaches, polluted #ater,

automobile and arbae ra!e yards en!ironmental and urban decay, they

are not only eyes sores, but also offend our senses and threaten our health

and #ell bein and stifle de!elopment.

!.2.2 Protection against +net&ical ,usiness ,e&a-iour

*ethi (1;4) e&plained this as economic loss, sacrifice or disutility

suffered by the consumer in the mar"et place. This could be cateori'ed intofour cateories.

+ 1rotection against the 8ark?side of the *arket 1lace + This in!ol!es acti!ities

#hich the producers and mar"eters deliberately decei!e the consumer #ith

fraudulent ad!ert and hih pressure tactics. *ethi (1;4). That business has been

decei!in consumers by misleadin ad!ertisement became dramatic in 3enya,

#here three multi+national baby food companies J la&o, estle and Co# and

ate had accepted a ne# code of ethics introduced by the 3enyan Minister of

Gealth J


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reach of a man in the street. Go#e!er, a celebrated cases filed in 1?2 in a hih

court by a retired Dermanent *ecretary aainst Deueot Automobile of ieria

7td (DA), prayin the court to declare the ne# Deueot 0:+* unfit for the

ierian mar"et. Ge disclosed that he spent o!er 400 a month for repairs

#hile the air+conditionin unit on his brand ne# 0:+* ha!e ne!er #or"ed.

(A"panemia 1?).

!.2.3 Protection $rom ot&er Consumers

This is sub-ected to t#o topical areas namely9

+ the deterioration of the physical en!ironment, and

+ social safety and humanity imbalance.

@ The 8eterioration of the 1hysical >nvironment J The *ocietal consensus isthat, there is a deterioration in our physical en!ironment. /t is a lon term effect

of technoloical brea"throuhs #hich falls into t#o dimensions8

(i) Aressi!e resources depletion and e&ploitation8+ The desire for

industrial and technoloical inno!ations #hich lays a hea!y burden on

natural resources indicates that limitation to ro#th is apparent.

Moreo!er, the natural !eetation disappears on daily basis i!in room to

accommodation and culti!ation.

(ii)n!ironmental Dollution8+ The ma-or sources of pollution include solid#aste disposal, #ater and air pollution.

@ )ocial )afety and Aumanity "mbalance + /n a mass consumption society, the

physical safety considerations should not be dismissed #ith a #a!e of hand.

/n our society, there is e!idence of the importance of social pressure of

conspicuous and non+conspicuous consumptions. This is oin to be discussed

under the follo#in headins8

(i) *afety and Drotection from other Consumers8+ This include the effects of smo"in on non+smo"ers, rec"less discardin of potentially danerous

containers, bottles, metal cans, automobile bodies, tyres, aricultural and minin

#aste. Turnin on musical sets at ma&imum #ithout mindin ho# it affects the

ne&t door neihbour, rec"less and mindless use of the places of con!enience.

The oo'in of carbon from a damaed !ehicle e&haust J pipe into the air,

indiscriminate use of deafenin horns by motorists or the abandonin of

brea"do#n !ehicles on the middle of hih #ays rec"lessly #ithout ade%uate

safety #arnin de!ices.

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. o0 Customers are e#ploited in *igeria and Globall(

Onah (1??), Ayo'ie (2012), 3otler (2004), listed the prominent

#ays that customers are e&ploited in ieria as follo#s8

+ /nade%uate standards of performance of many products9 e.. lectronic products, drus, deterents, mil", sachet and bottled #ater, soft drin"s,

meat, etc.

+ Completely misleadin and untrue ad!ertisin claims toether #ith

inade%uate product information, and decepti!e sellin practices, all of

#hich has led to clear+cut abuses and infrinement upon the rihts of

consumers. /t has been reported that consumer roups are campainin

!iorously in ieria, and lobally for the riht to use free broadcastin

time for counter+ad!ertisin as a public ser!ice.+ /ncreasin technoloical comple&ity, standardi'ation, automation, mass

production and mar"etin of oods, all of #hich ma"e it impossible to

consider indi!idual needs or those of fe# people in the desin and

manufacture of products. /n fact, consumerism as #e "no# it today, is a

reaction aainst the depersonali'ation of consumption arisin from mass

production and mass distribution.

+ Doorly desined, shoddy, catchy+"obo+"obo, oods that are incomplete or

ill+concei!ed. (*achet ater=).+ Besire to "eep outdated oods in the mar"et because of in!estments

already put on it.

. actors Contributing to t&e rise o$ Customers Pressure Groups in

*igeria

/t is only #hen business and industry deny the consumer his rihts that he

reacts !ehemently. The rise of consumer pressure roup in ieria can beattributed to se!eral factors. Onah (1??) enumerated the ieria factors as

Ohms

+ Bnscrupulous usiness 1ractice

/n the attempt to et rich %uic" some businessmen and #omen indule in

unscrupulous business practices. or e&ample, many e&pired

drus6canned foods are on #idespread sale in our mar"ets in ieria.

Currently, food poisonin has been incessant in our households andeducational institutions. This is because spoilt tinned foods, dirty sachet

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#ater, adulterated products and dirty food items, find their #ay in to our

mar"ets instead of bein destroyed. The consumer has become helpless in

the hands of some of our businessmen and #omen. The porous ierian

borders and the unscrupulous acti!ities of our la# enforcement aencies,

and business people ha!e made illeal business to thri!e not mindin the

strinent la#s aainst it. *mulin of items is illeal in ieria.

+ )carcity

*carcity of oods and ser!ices in ieria has i!en birth to hih prices.

The continuous increase in retail prices in the face of perennial scarcity

has frustrated many consumers, especially #ith "erosene, diesel and

petroleum #here the pump prices "ept in risin beyond the reach of the

a!erae consumer in ieria.

+ >ducation

Today$s consumer is better educated than his forebears and thus less

un#illin to accept the e&aerated salesmanship and misleadin

ad!ertisements, shoddy oods and e!en bits of deceit that buyers once

considered the natural ha'ards of commerce. >ith the Fni!ersal 5asic

ducation proramme, the /CT (/nternet Communication Technoloy)

and internet the impact of education #ill be felt more than e!er before.

+ "nternationally 1lanned Obsolescence

Mass production and mass mar"etin ha!e put more products on the

mar"et than the consumer is #illin to ta"e. This has often led to #ild

claims by ad!ertisers and e!en the itinerant sales people about #hat

products can do and the use of sophisticated psycholoical de!ices in

radio and tele!ision prorammes to et the consumer to buy the product.

+ =aising 1ublic >#pectations of Aigh )tandards of usiness Conduct and )ocial =esponsibility

>ith the increase in the le!el of education and standard of li!in in

ieria, the public e&pectation of business conduct has risen too. Deople

are no# much more a#are of their rihts as consumers and demand the

same from business. 5usinesses in ieria, as in other places, are

e&pected to perform some social responsibilities. Many indi!iduals today

accuse business operatin in ieria of e&ploitation and profiteerin. Thisis e!idenced in the ier Belta oil militants problem, communal clashes,

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oil fire disasters, and other cases in other communities.

+ >conomic and )ocial 8islocation

Consumerism comes as a result of serious economic, political and social

dislocation. This type of situation is mar"ed by the rise in consumer

prices and declined real incomes. The ierian economy is today facinthese economic and social ills. The minimum #ae crisis, oil subsidy

stri"es are all indications of economic, political and social dislocations in

ieria.

+ :ild Claims

Consumerism e&ists in ieria because of the four peculiar ills rampant

in some businesses today, namely decepti!e promotions, hidden chares,

sloppy ser!ice and unsafe or impure products. *uch claims are rampart inthe local drus and herbs produced by the ierian herbalists, and in

other locally produced and mar"eted products.

+ 7ac" of self+discipline by business firms and reluctance on their part to

enforce national and international la#s relatin to production and

mar"etin of products and ser!ices.

+ isin incomes and standards of li!in, plus increasin education all of #hich ha!e increased the concern of consumers for %uality of life and

better productions.

+ /ncreasin prices #hich decrease the rise in the real purchasin po#er

and ma"in #ise spendin imperati!e, and post+purchase dissatisfaction

unbearable.

+ The influence of #riters, consumer protectionists, and political leaderssuch as alph ader, . I. *chlin", *tuart Chase, Arthur 3allet, I. 3.

albraith and I. . 3ennedy. They ha!e all souht protection for

consumers throuh their #ritins and speeches. *ome acti!ists ha!e

e&posed the tendency of some companies to sell danerous drus, unsafe

cosmetics, and adulterated foods. They ha!e ad!ocated riorous scientific

testin and product standards as #ell as product description to pro!ide

consumers #ith information for ma"in #ise purchasin decisions.

4. Customers' Pressure Groups/Associations

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o!ernments are not alone in the fiht for consumer protection. Apart from the

cases cited abo!e of the efforts by the o!ernments to protect the consumer, #e

ha!e such customersE pressure roups6 and associations as the Tenants

Association, the Consumer Association in 7aos, Aba, 3aduna and Onitsha, the

nuu Consumer Mo!ement, the Consumer Club of A#u, the Consumer

Association of Abu-a and the Consumer Drotection Council of ieria.

These customersE pressure roups6 and6or associations are formed #ith

similar ob-ecti!es, such as8

(a) To re!ie# the position of consumers in relation to suppliers #ho are

traders and sellers.

(b) To e&plore #ays and means of chec"in the perennial scarcity created by

unscrupulous traders.

(c) To curb the e!er+risin prices #hich create inflation and render theearnins of #or"ers #orthless.

(d) To promote consumer education.

(e) To pro!ide consumers #ith information on !arious consumer issues.

These associations ha!e tried in their little #ays, but the effect of their

operations is yet to be felt in the society. These oranisations and associations

#ill surely come to the fore in time as scarcity of oods continues, and as

citi'ens become more a#are of their rihts, especially #ith the ad!ent of the/CT (/nternet Communication Technoloy), and the mobile telephone and other

communication de!ices.

5c6 7ournalistic "#poses

Our !arious ne#spapers and maa'ines ha!e certain paes de!oted to consumer

issues, for e&ample the Consumers$ Affairs pae of the Baily Times, Dunch,

Hanuard, Concord, and the uardian ne#spapers. Gere !arious issues

concernin consumers are discussed by scholars, consumers, #riters and

researchers #ho are encouraed to publish their findins in these papers. /n the past the Association of Mar"et >omen in 7aos *tate launched a monthly

maa'ine, *hoppin e#s, to pro!ide information and !ital statistics for the

consumers in the *tate. /ts other purposes also include the pro!ision of an

opportunity for !isitors to familiarise themsel!es #ith the location of shoppin

facilities in the *tate. There is also a publication on mortaes and houses for

sales in 7aos and in other cities in ieria, so as to pro!ide the consumer #ith

a choice in purchase.

5d6 Consumers Measures o0ards Consumerism

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A lot has been said and #ritten about safeuardin the rihts and interests of

consumers. Droposals for impro!in the position of the consumer ha!e come

from radicals, researchers, acti!ists and la#yers, #ho belie!e that the

consumer$s present situation is the ine!itable result of an e&ploitati!e and

decepti!e system. Often these so+called consumer ad!ocates in our society ha!ecalled for a fundamental reoranisation of the entire economic system. Often,

both the ederal and *tate o!ernments ha!e been criticised by indi!idual

consumers and consumer oranisations and associations in ieria, but little

attention has been i!en to consumer responsibilities #hich accompany these

rihts. The #riter is a reat champion of consumer rihts to safety and ood

products and had personally ta"en up issues of safe products #ith defaultin

companies, (American Consumers and Ad!isory Council (14) in 3otler

(200).

5e6 Corporate Acti-ities

irms, in their o#n #ay, contribute to#ards consumer protection9 but most

business acti!ities in fa!our of consumerism ha!e been eared to#ards playin

safe. Attempts are made to a!oid confrontation #ith la# enforcement officers

and to a!oid oin to court. A popular measure adopted by most ierian

businesses is the installation in their premises of suestion bo&es for consumers, consumers affairs department, public affairs department,

relationship mar"etin and public relations and corporate affairs$ units.

8. &e "#tent o$ Protection 9$$ered According to t&e La0s enacted

5Legislation6 in *igeria

Derhaps, the most commonly recommended succour for consumers iso!ernmental leislation and reulations. /t is aainst this bac"round that

ederal o!ernment of ieria set up a number of reulatory bodies and Acts

for !arious areas of consumer problems. *ome of these are8

+ *tandard Oranisation of ieria (*O)

+ ood and Bru Act 1;; (ational Aency for ood and Bru Administration

and Control 1).

+ The Drice /ntellience Aency (D/A)+ Consumer Drotection Association of

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ieria + Consumers$ Drotection Council

8.1 tandard 9rganisation o$ *igeria 59*6

The purpose of *O #as mainly to standardise methods and products in

industries throuhout ieria and to ensure compliance #ith o!ernment policy

on standardisation. *ome of the locally produced products ha!e not attained thestandard of *O and hence a co in the #heel of de!elopment and a challene

not only to business ethics but also to the e&istence of *O.

8.2 &e Price Control ,oard 5PC,6

This body came into e&istence on rd Iuly, 1;;. /t #as chared #ith the

responsibility of reulatin prices of all commodities sold in the ierian

mar"ets. To determine #hat is considered the fair price and to arrest or recommend for arrest !iolators of DC5 deree. The Drice Control 5oard had

ne!er performed this duty creditably thereby slo#in do#n the pace of

de!elopment and fulfillment of business ethics.

8.3 ood and :rug Act 5A:6 1;44 / *ational Agenc( $or ood and :rug

Administration and Control 51;;36

/t #as chared #ith the function of reulatin the manufacture, sale, and

ad!ert of food, drus, cosmetics and to repeal the e&istin state la#s on thosematters. To impound and arrest those contra!enin those pro!isions. To pre!ent

the mar"etin of drus that are considered harmful to human beins. Today,

there are more fa"e drus than e!er before in the country #hile %uac"s and

opportunists dominate the dispensin and sales of drus. ecently, four officials

of ational Bru 7a# nforcement Aency (B7A) #ere sentenced to 1:

years each by the Miscellaneous Offences Tribunal in 7aos for conspiracy,

aidin and abettin the escape of some detainees in the aency cells at /lupe-u,

7aos. /n a situation li"e this, ho# could a society be de!eloped at the pacee&ceptedK Those are the stuffs that some officials of reulatory bodies are made

up of.

8.! &e Price Intelligence Agenc( 5PIA6

/t #as established as a research arm of the Drice Control 5oard and #as

re%uired to8

(a) Fnderta"e reular study, monitorin and interpretation of pricemo!ements and their effects on other de!elopment in the national

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economy9

(b) ecommend measures of reulatin prices in !arious sectors of the

economy and controllin of hoardin9

(c) Monitor and super!ise resale price maintenance arranements9 and

(d) 5rin pressure to bear on manufacturers and importers to publish

reularly the areed prices of commodities and the list of distributor(s)and their locations throuhout the country. The D/A has not performed

these functions creditably and as such has neither contributed

meaninfully to national de!elopments or to the promotion of

consumerism.

8. Consumer Protection Association o$ *igeria

The Association #as launched in 1?2 by the Minister of *tate in the

Ministry of /ndustry, Br. /srael /bani. The ational Dresident of the Associationstated the purpose of the Association to include8

+ The promotion and stimulation of consumer a#areness.

+ The protection of consumer rihts and interests.

+ The pro!ision of dialoue bet#een consumers, the o!ernment,

manufacturers, distributors and retailers.

+ The ser!in as a clearin house for all consumers$ complaints and the

see"in of redress for consumers.

The fanfare that reeted the launchin hardly died do#n #hen the

association slide into limbo.

8. &e Consumer Protection Council 5CPC6

or the first time in ieria the o!ernment directly address the issue of

consumers. And by Becree 0 of 12, the o!ernment directly established a

consumer protection council #hich #as later interated into the 1: budetspeech read by the late Gead of *tate, eneral *ani Abacha. Apart from the fact

that there is a mo!e to set ups consumers$ protection committees at state le!els,

much ha!e not been "no#n about the acti!ities of the council till date in

ieria.

8.4 Consumer La0 and Protection in "nglis& Legal (stem

The consumer mo!ement has had a profound effect upon the ieria

leal system. The rate of chane in consumer mar"etin since the early 10shas brouht #ith it e%ui!alent chane in the la# #hich has been considerably

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modified to protect the consumer from unfair practices. The la# relatin to

consumer protection is not a clearly defined code9 it is made up of e&tensions

and amendments to ieria contract la#s. /ts basis is in leislation (such as the

actors Act 1??) #hich #as desined to define the la# as to contractual

relationships bet#een traders. /n ieria there is no such thin as a consumer

la#$ as a sinle entity, nor is there a comprehensi!e code of consumer protection.

There are, ne!ertheless, a #ealth of statutory instruments #hich ha!e

been introduced durin the last 0 years desined to effect specific control o!er

potential in-ustices and e&ploit actions of the consumer. There is also the

e&istin contract la# #hich has a hih deree of rele!ance to current situations

in #hich the consumer may be at a disad!antae.

Marketing 9rientations Ans0er to Companies "#ploitation #o"ah and Opara, (2004) found in their research that mar"etin

orientation is also one of the important aspects of corporate manaement alon

#ith the production6cost orientation and employee orientation. /t is further noted

that mar"etin orientation is an important critical factor for the corporate

success. /f the mar"et orientation is remo!ed from the firm then it #ould be

serious mista"es. Gence, the mar"et orientation is one of the ma-or factors for

meaninful corporate success that eliminates the e&ploitation tendencies of

companies. Ayo'ie, (2012) insists that despite the fact that there is a relationship bet#een performance of an orani'ation and mar"etin orientation, mar"etin

orientation is not sufficiently practiced by companies in ieria, for superior

performance and it is also not an essential condition for superior performance.

urther, he arued that althouh it is probably true that mar"etin orientation is

not positi!ely on the increase in ierian mar"et place. Mar"etin orientation is

essential for any orani'ation for bein successful in their business. urther,

there are findins from the literatures #ith reard to the relationship bet#een

mar"et orientation and superior business performance. This relationship may be%uestionable amon small restaurants in the astern *ri 7an"a. There #as no

research curried out amon small restaurants in the ast part of *ri 7an"a #hile

the contribution of this sector to the BD is ro#in immensely. Gence, this

study focuses on adoption of mar"et orientation by small restaurants and to find

actions that restaurants should attempt in order to ensure the sur!i!al of their

business and ma"e substantial profit.

rant, . M. (2010) found that mar"et orientation is multi+dimensional

construct consistin of fi!e sub dimensions. This can be used to measure themar"et orientation of a company. These fi!e sub dimensions are customer

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orientation, competitor orientation, inter+functional co+ordination, and

responsi!eness and profit emphasis. urther, rant, (2010) supports the

instruments de!eloped by 3ohli and Ia#ors"i$s (10) scales to measure the

mar"et orientation. The implication of his research is that successful

implementation of mar"etin concept produce concrete customers and

orani'ational benefit and if the attention is paid by maners to#ards these fi!edimension help impro!e company performance and assist in identifyin the area

of #ea"ness and ta"in remedial action for dianosed #ea"nesses.

/n relation to small and medium enterprises, bitu, (200?) re!ealed that

the mar"et orientation consists of four dimensions and it is consistent #ith 3ohli

and Ia#ors"i$s (10) construct. These four dimensions are9 concern for staff

(pro!idin a ood #or"in en!ironmental and remuneration, and respondin to

chanin customer need, A#areness of the mar"et en!ironment (underta"in

formal mar"et research and respondin to the chanin customer needs), business profitability6ob-ecti!es(ensurin that both lon and short term

ob-ecti!es are met and that the business is profitable) and customer ser!ices

(ensurin that employees are moti!ated and committed to pro!ide a hih le!el

of customer ser!ice.)

Consumerism is truly the shame of mar"etin as 7ancaster, (200)

obser!es. This is because, consumerism sho#s that the mar"etin concept has

not been fully implemented in many companies. tu", (200?) opines that many

companies still rest their policies and practices on a product+orientation i.e. they base their acti!ities on a desire to fulfil their o#n needs and not those of the

consumer9 they thin" of i!in the consumer #hat they can ma"e rather i!in

him #hat he really #ants. /n a sense, ho#e!er, consumerism constitutes a

mar"etin opportunity and a sinpost for stratey. /n particular, it tells

manaement #hat products can be bouht and therefore #hat to do, #hat to

ma"e, ho# products are to be desined, ad!ertised, priced, and mar"eted. /t

minimises ris" and #asteful use of resources. /n fact, it has aims #hich are

synonymous #ith those of mar"etin, since the purpose of mar"etin is toidentify, respond to, and satisfy customer needs profitably.

The follo#in specific measures can be ta"en by mar"etin firms in

response to consumerism. Ayo'ie (2012), Onah (1??) enumerated some of

these measures in ieria.

+ Open+datin of products particularly foods and drin"s to reassure

customers of safety and build ood#ill and relationship9

+ Fnit+pricin of products to facilities easy comparison of competiti!e

brands of merchandise9+ ffecti!e and top+%uality after sales ser!ice arranements especially for

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automobiles and technical products. Dro!ision could be made for first+

class after sales ser!ice and rapid deli!ery products and ser!ices9

+ Dro!ision of ade%uate, factual, and helpful information about the products

and ser!ices #hich people see" to use. This should include product+care

labellin, reater clarity of instructions that accompany the products, honest and

rele!ant ad!ertisin, nutritional labellin, inredient labellin, consumer education, etc9

+ Bealin #ith consumer complaints %uic"ly and respondin to in%uiries

and rie!ances9

+ /mpro!in customer contact throuh better point+of+sale materials,

consumer educational prorammes, and throuh retail personnels #ho are

properly trained and educated9

+ stablishment of an ad!isory committee of consumers #ho #ill ha!e a

real !oice in company decisions and deliberate and continuinconsultation #ith such consumer representati!es in order to et in

ad!ance #hat #ill best meet consumers$ needs. The aim should not be to

satisfy the minimum standards re%uired by the la# but rather to o as far

as is practicable9

+ Ma"in a enuine effort to implement the mar"etin concept by al#ays

puttin customers$ needs abo!e other considerations. This re%uires

ade%uate testin of products and the establishment of a consumer affairs

and research department #hose tas" #ill be to represent effecti!ely theinterests of consumers in company decisions9

+ stablishment of !ery acti!e and reliable consumer affairs, public affairs,

consumer complaints, public relations units and departments in

companies, operated by %ualified, efficient and hihly proacti!e

personnel, #ho are #illin to deal satisfactorily #ith customer complaints

immediately9

+ Ga!in a consumer complaints tool, free telephone lines #here consumer

complaints can be recei!ed9 and+ Ga!in reliable emails replyin promptly to emails and te&t messaes,

and set up informati!e #ebsites.

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o!ernment.

The Fni!ersal 5asic ducation proramme #hich #as launched in

162000, the /CT, internet and mobile telephones #ill ha!e its impact on the

number of consumer oranisations. Fltimately F5 #ill help to increase the

le!el of education. There is !ery li"elihood that consumer unrest #ill persist

#ith increases in the le!el of education in the country. There #ill be moredemand for consumer protection.

As ieria ets more industrialised, health, mar"etin and safety

problems #ill continue to increase rather than decrease. /n future, the demands

on firms #ill become reater. *e!eral uidelines ha!e been suested #hich

businesses in ieria should follo# in their response to consumerism in ieria.

1. stablish a separate corporate di!ision for consumer affairs. This di!ision

should participate in all corporate decisions that ha!e consumer implications. /t should participate in research and desin, ad!ertisin,

credit, pricin, %uality assurance and in handlin consumer complaints

2. Chane corporate practices that are percei!ed as decepti!e. The consumer

affairs di!ision should identify corporate practices that are percei!ed as

decepti!e and6or antaonistic by consumers, and handlin promptly

consumer complaints.

. ducate channel and distribution members on the need for a consumerism

effort throuhout the channel system, and on ho# to respond tocomplaints and en%uiries.

4. /ncorporate the increased costs of consumerism efforts into the corporate

operatin budet.

The main purpose of these customersE pressure roup efforts and

proramme #ill be to8

(a) nhance the %uality of communications bet#een the consumers and the

firm and to incorporate !alid complaints into corporate decisions.

Corporate leaders ha!e to some basic options, they may ta"e positi!eactions in this matter or they may inore it. /f they inore it, they must be

prepared for a o!ernment and leal actions to protect the consumers or

protests and boycotts by the consumers themsel!es.

(b)/ndi!idual consumers are not li!in up to their responsibilities9 rather,

they encourae hih prices and trade malpractices. They encourae

hoardin and profiteerin by buyin oods abo!e stipulated prices and

sometimes #ithout receipts. Consumers blame our o!ernment but they

fail to support o!ernment actions and measures aainst businessmalpractices. Many are not ready to endure or compel companies to

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chane their sharp business practices and chane or impro!e defecti!e

products.

(c) ierian consumers should be couraeous and stand on their o#n feet to

fiht abuse in the country. /t miht be costly and time consumin but

re#ardin in the lon run.

(d)/f consumerism is to sur!i!e in ieria, consumers in ieria must be prepared to ma"e sacrifices. /t is hih time ierian consumers resorted

to consumer boycotts in response to risin food and commodity prices.

The reatest #eapon of consumers all o!er the #orld is consumer

boycotts. *ellers cannot sur!i!e #ithout consumers.

11. ummar( and Conclusion

o!ernment has recorded some remar"able achie!ements, by enactin

!arious la#s and formulatin customersE pressures and leislation to reulate,

protect and preser!e consumer rihts. The e&ploits of ABAC in recent times

are hihly commendable. The problem #ith the implementation of consumer

riht protection la#s and customersE pressures and leislation is that those

chared #ith this function sometimes become corrupt, hea!y+footed, and cash

trapped to perform their -obs and6or sub-ect to fre%uent chanes to compensate political supporters #ho may not "no# anythin as far as their appointments

and positions are concerned. /t is hoped that o!ernment #ill mo!e a#ay from

the point of la# ma"in (leality) to the point of ma"in consumers actually

en-oy the contents of the la# (leitimacy). Consumers too need serious

education #hile the economy needs to be producti!e and consumer+friendly.

The biest #eapon of the consumer has traditionally been held to be thatof the silent !ote$, that is the riht not to buy unsatisfactory oods9 this is the

concept of consumer so!ereinty. 7oically, therefore, companies that e&ploit

the consumer #ill usually run out of customers. CustomersE pressure roups

arue that the onus is not on the consumer to !eto unsatisfactory oods after

ha!in first been disappointed, rather than it is up to the sellers of oods to ta"e

all reasonable steps to ensure satisfaction before offerin oods for sale. They

further arue that such a step #ill be reatly facilitated if certain basic consumer

rihts$ are reconi'ed.

The present acti!ities of !arious consumer pressure roups, the researches

and the o!ernment sho# that consumerism has come to stay in ieria.24


25/27

5usinesses in ieria should reard it as an opportunity for rather than a threat

to consumer satisfaction by sustainin mar"etin orientation in their mar"etin

"its. The implications of this, is that business must educate the public about

their operations. There has to be increased attention to consumer problems and

prorammes that #ill impro!e customer relations. /f businessmen do not

#illinly respond to consumer problems and complaints, they may be faced#ith more o!ernment control throuh leislation and customer pressure

roups.

%e$erences

A"panemia, . *. (1) Dromotin Consumerism in the e&t Millenniumthrouh 5usiness thics. Daper presented at the *chool of Manaement

ational Conference on Be!elopment, The ederal Dolytechnic, /laro,

ieria.

American Consumers and Ad!isory Council (14) in 3otler (200) Mar"etin

Manaement, Mcra# Gill, F.*.A.

Ayopo, O. O, Maclayton, B.> and Opara, 5.C, (2010) mpirical !idence for a*ociality actor in the elationship Mar"etin Orientation *cale in the

ierian 5an"in *ector. =esearch Dournal of "nternational )tudies, /ssue

1 *eptember pp.4;+:;

Ayo'ie, B. O. (2012)


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Dress, 7ondon 1;4.

5a"er, M. 7., (2010) Mar"etin in Dractice8 restlin #ith mar"etin ethics8 /s mar"etin ethics and

o&ymoronK *arketing *anagement , 32(), 0+:.

7ancaster, . (200) ssential of Mar"etin. The Mcra# Gill 5oo" Company,

Maidenheed 5er"shire, F3.

Moller, 3 (14) esearch in Mar"etin, Mar"etin in the name of od.

roonross *chool of conomics, *#eden urope.

#o"ah, . and Opara, 5.C. (2004) !aluation of the elationship bet#een

Mar"et Orientation and /nno!ation Derformance. Dournal of usiness)tudies, !ol. // (1) Ianuary pp.11:+12:.

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Onah I. (1??) Mar"etin in ieria9 Consumerism in ieria, Casell Dress,

F3, p 12 J 14 obert O. G. (1;0) Consumerism8 /ts oals,

Oranisation and uture, Dournal of *arketing, (, ::+0.

*ethi, I. O. (1;) Consumerism8 The ffects and oals. Dournal of *arketing ,(?) e# or", F*A.

customers' pressure and legislation have decreased opportunities for companies to exploit consumers...

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