The Efficacy of Class Action Litigation in Ensuring Liability for Defective Products in Nigeria: Judicial Approach in the United States of America, and the European Union.

Abstract

Class action litigation has been shown to be very useful in modern times, therefore there is a dire need for it to be fully recognised and adopted by consumers in Nigeria. Sadly, the rules of court of most State high Courts in Nigeria do not provide for class action litigation. Class action litigation have been shown to lead to the obtaining of adequate award of damages, or an injunction by stopping the recurrence of the injury, and also pushing for ways to eliminate the prejudicial effects of the previous injury. Of most importance is how class action litigation has aided in the promotion of deterrence from wrongdoing on the part of manufacturers. The major aim of class action litigation is to agitate for public exposure of an erring manufacturer, thereby emboldening more consumers to enforce their rights, or obtain the judgment of public opinion on the defaulting manufacturer. Therefore, it was recommended that there is an urgent need for the total utilisation and application of class action litigation by Nigerian consumers through massive support from consumer rights associations, as it can totally reshape the Nigerian legal system by providing a sure means for collective action against widespread harm due to the use of defective products. It was also recommended that the framework of class actions be restructured in Nigeria, as it is a viable means for citizens who have suffered wrongs to seek redress and obtain justice, this is ensure that consumers are granted adequate compensation for defective products at a less expense than raising individual claims which is more expensive.