Author: Adegbite, Aderonke¹ Babalola Wasiu, A.² & Oyeyemi, Omope³

¹ Ph.D, LL.M, LL.B, BL; Sub Dean, Faculty of Law, Lead City University Ibadan, Nigeria

² PhD (Hospitality Mgt); PhD (Forensic Accounting & Audit); MSc, MBA, BA, LLB, LLM Candidate & Professor of Hotel Management & Tourism, Faculty of Social & Management Sciences, Atiba University Oyo, Nigeria

³ LLB; BL; LLM Candidate, Faculty of Law, Lead City University Ibadan, Nigeria

Corresponding Author E-mail: hospitalitybabalola@gmail.com

Abstract

This paper examined the framework institutionalised for the protection of consumers in Nigeria with bias on the effectiveness and efficiency of available consumer protection framework on hospitality and tourism businesses in Nigeria. In particular, it x-rayed the administrative and regulatory mechanisms put in place for the protection of consumers and considered the attitude of the courts in matters affecting consumers while patronizing hospitality and tourism products / services. It was evidenced from the submission of the paper that there are several regulatory agencies, with functions sometimes overlapping, set up to advance the consumer’s course. The effectiveness of these agencies is brought into scrutiny, as sometimes, their existence is hardly known to the consumers. If the consumer is to take benefit of whatever legal framework institutionalised for his protection in Nigeria, some level of judicial activism are required. Although, this paper does not examine the concept of judicial activism, its legitimacy nor as a mechanism for providing checks and balances in within the consumer protection frameworks it Nigeria; it is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in in existing laws. The study exposed a general lacklustre approach of the courts in consumer protection cases and its adverse effect on the consumers. It concludes that judicial activism would be a veritable tool in advancing the compliance and benefits to consumers of whatever legal framework institutionalised for his protection in Nigeria in the face of societal changes, consumerism and customer protection.

Keywords: Judicial Activism, Consumer Protection, Courts, Hospitality and Tourism, Consumerism