The day after the news broke that the Federal Competition and Consumer Protection Commission (FCCPC) imposed a staggering $110 million fine on British American Tobacco Nigeria Ltd for violating the FCCPC Act amidst health and safety offences, the former executive vice chairman of the commission, Babatunde Irukera walked into Arise News premises to talk about the landmark penalty. The news grabbed major headlines that morning, with many commending Irukera’s audacious moves in persuading the company to concede to the formidable fine rather than engaging in a legal battle.
Yet Irukera remained unassuming as he ascended the staircase in a grey outfit. Not a hint of ostentation surrounded him; instead, he emanated a compelling sense of purpose. As questions flowed from the interviewer, he projected an image of a man entrusted with a vital mandate—to safeguard the interests of Nigerian consumers.
His words resonated with sincerity as he emphasized the paramount importance he places on the protection of consumers. At that moment, Irukera stood as a steadfast guardian, unwavering in his commitment to the people he served.
Indeed he is, given the number of cases he has fought to ensure that the Nigerian consumer is protected and treated fairly. On multiple occasions, he has strongly opposed the notion that Nigerian consumers only understand aggressive language. For instance, when Erisco Foods Limited allegedly arrested a dissatisfied consumer for her negative review of one of their products, Irukera and his team swiftly intervened, securing the consumer’s release.
His impact extended beyond individual cases. Through his decisive actions, Nigeria witnessed an impressive 80% reduction in harassment and defamatory messages from Digital Money Lenders (DMLs), commonly known as loan apps.
In fact, he had set his sights on implementing a regulatory framework promoting responsible borrowing and lending for both individuals and corporations. However, the plans abruptly halted when he was dismissed by President Bola Tinubu on Monday, January 8, concluding his five-year tenure at the helm of the commission.
The news sent shockwaves through Nigeria, resonating not only among citizens but also with the FCCPC staff. The outpouring of praise from those who had witnessed Irukera’s transformative leadership during his tenure underscored the impact he had on the landscape of consumer protection.
In 2017, Irukera was appointed Director General of the Consumer Protection Council (CPC) by the federal government. He maintained that position until December 2019 when the CPC transitioned to FCCPC and he was named the CEO and executive vice chairman of the commission.
Under Irukera’s stewardship, the commission underwent a remarkable transformation. Evolving from a mere mention on paper, it emerged as a dynamic regulatory body with a ubiquitous presence across various media platforms, including social media. The website received a much-needed revamp, and a call to action resonated with consumers, encouraging them to voice their concerns.
This shift manifested in a substantial increase in consumer engagement. Where the commission previously received a negligible number of complaints annually, under Irukera’s leadership, about 1,000 complaints flooded in monthly. He noted that this figure represented a month where consumers were, on the whole, content—an indication of the enhanced accessibility and responsiveness brought about during his tenure.
Beyond consumer protection, he was a staunch advocate for fostering fair competition in the market. His focus included the removal of entry barriers for young entrepreneurs, reflecting a commitment to creating an environment where emerging talents could thrive and contribute to a more dynamic marketplace.
“The government needs to remove bottlenecks in terms of distribution and making technology accessible and affordable to SMEs. It also needs to police the market for the people and not against them.”
Irukera’s passion for his role was palpable as we drove to another location in Ikoyi. He revealed that his typical day kicked off at 5 am, consistently arriving at the office before most of his staff. Notably, he often remained the last to leave.
“On a good day, I leave the office by 10 pm. But on a very busy day, it can extend to midnight,” he said.
The last days of 2023 were a flurry of activities for him and his team. Their year-end assessment revealed a substantial Internally Generated Revenue (IGR) of N56 billion for 2023. Remarkably, 90 per cent of this revenue stemmed from penalties imposed on non-compliant companies and businesses. The former FCCPC boss however based his scorecard on these KPIs:
“My KPI is market impact. How much better are consumers treated now? How much more responsible are companies now? How many more complaints are we receiving in terms of consumers, are they becoming non-discriminatory and discerning and more active to complain? How many of these complaints have we resolved?”
Despite the impressive scorecard, Irukera expressed a vision for a future where resolving complaints would not be a key performance indicator. He envisioned the FCCPC evolving into a secondary mechanism for addressing consumer concerns.
“Businesses should be the primary place to resolve consumer complaints. If people come to me before they go to the company, it’s a systemic failure,” he said.
Navigating the delicate balance of protecting consumers, Irukera found himself often subjected to attacks. He attributed them to a trust deficiency in government as well as sensationalism. Like in the case of Erisco Foods where he endured insults and derogatory names from both the company owner and loyal consumers. Despite the challenges, he accepted that such criticisms were part and parcel of the territory he occupied.
His impact on the commission did not go unnoticed. Last year, Leadership Newspaper named FCCPC the Government Agency of the Year while the Brand Journalists Association of Nigeria named it the Regulator of the Year.
Therefore, his departure from the agency triggered a public outcry, with human rights activist Femi Falana emphasizing that Irukera deserves commendation for his role in transforming the agency.
“You do not dismiss somebody who has not committed an offence or has not been found wanting. This is a man who has done well for the country. He did what no regulatory agency has done for the country,” said Falana.
He further argued that the government’s use of ‘dismissal’ was libellous, and despite the presidency’s correction to term it as a ‘relief of duties,’ debates persist over whether the president can unilaterally remove the FCCPC boss or if Senate approval is required for such action.
Irukera has always lived a life of service to marginalised people. It is ingrained in his nature, reflecting a core aspect of his character dedicated to making a positive impact.
“My personal passion for taking the FCCPC job is to represent vulnerable people. I don’t like exploitation,” he said. “It’s an aggravation when I see it happening to people.”
Starting his career as a lawyer in a merchant bank, Irukera recalled how he felt a sense of envy towards colleagues practising law, despite his own financial comfort.
“Back then, I was not satisfied with my job at the bank. I felt a lawyer in the bank was just a clerk. I should be in the field fighting for the rights of people.”
Irukera spent most of his career representing vulnerable people in significant human rights violation cases. From his time in the U.S. where he practiced immigration law, to Nigeria where he represented the Nigerian government in the case against the American pharmaceutical company Pfizer.
Following the outbreak of meningitis in Nigeria in 1996, the company allegedly used the epidemic to test a new unapproved drug. About 200 children, at least aged from three months and younger than 18 years, were selected for the trial. However, there were concerns about the timing of the clinical trial and how the patients were treated. It wasn’t until 2007 that the country filed a lawsuit against Pfizer. The lawsuit contained 85 charges, including fraud and deceit, fraudulent concealment, and conspiracy to commit an actionable wrong.
His dedication to the case underscored his passion for defending victims of human rights violations.
With FCCPC, Irukera believed that it was his demonstrated interest in protecting the vulnerable in society that fetched him the role.
This act of service also spurred him to enter the race for Kogi governorship in 2019, although he no longer harbours such ambitions.
Public service, he revealed, runs in his family.
His father was a public servant while his mother was a schoolteacher. His sisters also have careers in public service.
However, one key figure encouraged him to pursue a life of public service: former Vice president, Yemi Osinbajo.
“it was Prof. Yemi Osinbajo who fundamentally encouraged and nudged me to go into public service.”
He described him as a professional and personal mentor.
Standing well over six feet, Irukera’s towering stature becomes apparent only when you stand in close proximity. His athletic background includes playing basketball in his youth and being a competitive badminton player. Despite not pursuing his love for sports professionally, his enduring athleticism remains a notable aspect of his persona.
As he exited the commission, Irukera took to X to express his profound gratitude to Nigerians.
“Grateful for the opportunity to have served the incredibly vibrant and loyal Nigerian citizens/consumers. They deserve a better deal.
“I leave behind a strong institutional advocate in the FCCPC, & an outstanding team of soldiers who work there daily for the cause of fair markets.”
Vanessa Obioha
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