Nigeria: Product Liability & Safety

Nigerian courts are asserting jurisdiction over cross-border product liability claims based on where harm occurs, how products are distributed, and whether markets are deliberately targeted. This analysis examines the practical factors that determine whether foreign manufacturers and digital platforms face exposure in Nigeria, even without physical presence in the country.

The expansion of e-commerce in Nigeria has created complex questions about legal responsibility when defective products sold by third-party vendors cause harm to consumers. When faulty electronics, counterfeit goods, or hazardous items reach buyers through platforms like Jumia and Konga, determining liability becomes challenging: should the often-untraceable third-party seller bear responsibility, or does the platform that facilitated, profited from, and controlled the transaction share the burden?

It then examines Nigeria's statutory framework, centred on the Federal Competition and Consumer Protection Act (FCCPA) 2018, to assess how these principles have been translated into legislative design.