The Consumer Protection Council (CPC) in an Order dated 01/12/2016 amongst other orders had made an order that VIP Express Tourism Limited do make refunds to members of her vacation accommodation club on alleged breach of the Consumer Protection Act and pay the sum of N20,000,000(Twenty Million Naira) as cost of investigation to the CPC.
VIP Express Tourism Limited clearly appreciates that the CPC Act saddles the CPC with certain functions and powers in respect to consumer complaints but such functions and powers are to be exclusively exercised within the purview of the Act.
VIP Express Tourism Limited having studied the investigative final report dated 30/12/2016 and the aforementioned order by CPC states categorically that the decision was reached upon apparent bias and is an obvious usurpation of the powers of the Nigerian courts and was made without due consideration to principles of law and respect for the jurisdiction of courts in Nigeria. This we say based on the following, facts:
- There is an ongoing court proceeding at the Federal High Court, Abuja- Suit No: FHC/ABJ/CS/580/2015- VIP Express Tourism Limited & 4 Ors v IGP & 62 Ors which is based on infractions on the fundamental rights of VIP Express Tourism Limited and her employees owing to the subject matter of CPC investigative report dated 30/12/2016 and Order dated 01/12/2016.
- The CPC is the 6th Respondent on record in the above suit and had duly been served with court processes over one (1) year ago and is fully aware of the pendency of the above suit in court before initiating the process leading to the Order dated 01/12/2016. The said Order is a deliberate affront to the jurisdiction of the court intended to influence and undermine the court’s decision.
- Notwithstanding the pendency of the action in court, VIP Express Tourism Limited being a responsible corporate entity had diligently honoured all invitations and requests made by the CPC.
- The complaints which CPC is said to have received from Members of VIP Express Tourism Limited bothers on alleged breach of written contracts entered into between parties and non-refund of monies paid for membership. It is trite law that parties to a contract have the commercial freedom to determine their own terms, No other person, not even a court of law can determine the terms of a contract between parties thereto.
- The functions and powers of the CPC as enshrined in the CPC Act does not extend to rewriting and or invalidating the terms of a valid contract between VIP Express Tourism Limited and her members. The CPC had long been duly informed that a court of competent jurisdiction is the appropriate forum for the determination of any legal right and or grievance relating to the terms of the contract entered between parties.
- VIP Express Tourism Limited denies and refutes in strong terms the findings in the investigative report dated 30/12/2016 and Order dated 01/12/2016 by CPC.
- It is on record that Mr. Ahmad Isah through whom majority of the complaints were sent to CPC is a close associate of CPC. The said Mr Ahmad Isah is currently the 1st defendant in Suit No: CV/993/2016- VIP Express Tourism Limited V. Ahmad Isah & 6 Ors an ongoing defamation action at the FCT High Court, Abuja initiated by VIP Express Tourism Limited.
- VIP Express Tourism Limited has rights, so do her members and the Constitution of the Federal Republic of Nigeria expressly provides for the protection of these rights.
The CPC as a regulatory agency in Nigeria is humbly adviced to constantly act within the confines of the laws of Nigeria, as it is indeed worrisome that a regulatory agency of government such as CPC notwithstanding having knowledge of a pending action in a competent court to which she is a party will still go on without the leave of such a court to act on issues which are already before the court. This is outright contempt of court.
VIP Express Tourism Limited is confident that Justice will prevail in the end as always.