An Examination of the Judicial Mechanism of Protecting the Rights of E-consumers in Nigeria

Abstract

Electronic commerce (e-commerce) is the buying, selling as well as
advertisement of goods and services on the Internet. Thus, the Internet has
now given birth to yet another group of consumers known as electronic
consumers (e-consumers). The e-consumers are increasing in number over
the years as online commercial transactions become a new way of lifestyle
across the globe. Consequently, the United Nations and other international
organisations made a call for the establishment of consumer institutions to
ensure adequate protection of the e-consumers. This is necessary given the
susceptibility of the e-consumers to deceptive and unfair trade practices.
Therefore, the objective of this paper is to examine the role of the Nigerian
courts in protecting the legitimate interest of the e-consumers. The paper
adopts doctrinal and empirical methodologies to achieve its tasks. The paper
discovers that the judicial system of protecting the rights of consumers and
e-consumer in Nigeria is costly, time-consuming and full of procedural
technicalities. The paper also reveals that courts in Nigeria are overburden.
Besides, the majority of the Judges handling e-consumer disputes lack
requisite expertise and knowledge about e-commerce and Information
Communications Technology (ICT) matters. To address problems associated
with delay, the cost of ligation and technicalities in judicial proceedings,
this paper, therefore, recommends the establishment of Small Claims Courts
in Nigeria. The paper also recommends that the Nigerian judges should
undergo special training particularly in the areas of e-consumer protection
law as well as on the legal aspects of ICT such e-commerce, cybercrimes and
electronic evidence.