Our goal is to prevent exploitation of consumers of goods and servcies says FCCPC

The Executive Vice Chairman of the Federal Competition and Consumer Protection Commission (FCCPC) Mr Babatunde Irukera, Monday, said that the commission is not primarily a law enforcement agency but a regulator with law enforcement powers.

Irukera spoke in an exclusive interview on the nature of complaints that can be prosecuted by the FCCPC, as well as challenges facing the commission.

Recall that tthe FCCPC is formerly known as the Consumer Protection Council, (CPC) and the CPC Act which was its enabling statue has now been repealed and replaced with the FCCP Act, 2018.

According to him, anything that the law specifically criminalizes, is potentially prosecuted, and this refers to both the FCCPA and other applicable enactments

He, however, said that the FCCPC is not primarily a law enforcement agency, but a regulator which poseses law enforcement powers.

"Prosecutions and imprisonment is not the primary goal in general regulation and compliance.

"Our primary role is to ensure that commerce and the market place is fair, as well as prevent exploitation of consumers," he said

He said that in doing this, it is conceivable that the criminal justice process will play a role.

"The Commission, pursuant to Section 17(a) of the FCCP ACT, can enforce any enactment for the protection of consumers and in ensuring competition.

"This means that other pieces of legislation and subsidiary legislation which have provisions for competition and consumer protection, may be enforced to the limited extent that the clauses sought to be enforced are related or for the purpose of consumer protection or competition.

"Also Section 113(2) empowers the Commission to either prosecute by itself, or refer to the the Attorney General for prosecution of violations of provisions of the FCCP Act.

"As such, the combination of these provisions shows that the Commission may prosecute criminal violation that violate the FCCP Act or other enactments, for the protection of consumers and ensuring fair competition," he said

On some of the challenges facing the commission, he said that just like the general challenges in the legal process, there is the usual problem of length of time in deciding cases, adding that there is also a shortage of litigation lawyers in the commission.

He, however, said that the commission is hopeful that there wi be an increase in the talent pool and capacity to prosecute cases as well as more efficiently fulfil the commission’s mandate.