Federal High Court Stops CPC From Compulsory Registration On Companies
A Federal High Court has ruled that the Consumer Protection Council’s (CPC) imposition of compulsory registration on Nigeria Employers’ Consultative Association’s (NECA) member-companies’ products and services with it, is illegal, unlawful and ultra vires the powers conferred on the Council by its enabling Act. The CPC and its agents were also restrained from further imposing compulsory registration on NECA’s members’ goods and services with it and from further harassing, intimidating or sealing-up the offices of NECA’s members on account of the non-registration of NECA’s members’ products and services with it.
It would be recalled that NECA, the umbrella body for Organised Private Sector and the Voice of Business in Nigeria, had approached the Federal High Court for interpretation on the extent of the powers of the CPC. This was against the backdrop of CPC’s allotment of powers to itself through regulations beyond the provisions of the Principal Act: Consumer Protection Council Act, 1992. Reacting to the development, the Director-General of NECA, Mr. Olusegun Oshinowo commended the court ruling. According to him, “This is a vindication of the principled stand of NECA and its members and a celebration of the rule of law”
Oshinowo further hoped that “CPC’s leadership will depart from its past ways and manner of carrying out its activities, which is totally at variance with democratic ethos and amounts to duplication of regulatory roles with other agencies of government such as National Agency for Food and Drug Administration and Control (NAFDAC) and Standards Organisation of Nigeria (SON)”.