The Chair, Your Lordship, Prof. Justice Date-Bah, Distinguished members of the judiciary, Members of Parliament, revered legal luminaries and members of the Ghana Bar Association, esteemed policymakers and regulatory officials, advocates from civil society, the academic community, members of the press, friends, and family, good afternoon.
I am often asked, Why write a book on consumer rights, when your background is in energy law and competition law? My answer is simple: Protecting consumer rights is fundamental to ensuring fairness and justice in Ghana’s marketplace. The fields of energy law, competition law, and consumer protection are all united by one critical concept: Power. In Energy Law, regulators regulate the colossal power of utility providers, while in Competition Law, regulators police the economic power of monopolies to ensure fair markets, lower prices, and promote innovation. And in consumer protection law, the objective is to balance the scale between the overwhelming powers of multinational corporations or the alleged deceptive local vendors, and the vulnerable individual at the checkout counter or sales point. Having taught the law of contracts, energy law, natural resources law, law of tort, public international law, and competition law over the years has provided me with a firm foundation for authoring this book on consumer rights in Ghana, appreciating consumer rights from different perspectives. The law of contract is crucial for consumer protection, covering fair contract terms, consumer rights and obligations, and remedies for breach of contract. Additionally, essential services in the energy and natural resources sectors are crucial for consumers who dream of fair marketplaces as espoused by competition regulation.
However, on reflection, the foundation for this book took root before I ever the law school classroom. My father, His Lordship Justice Kusi-Appiah (rtd) —affectionately “Agya Kusi”—taught my siblings and I to manage all expenses on a fixed income, with full enforcement by the finance minister of the house, my mother, Mrs Mary Kusi-Appiah (Eno Mary). This is exactly what happens in most families in Ghana, who are often on tight budgets but require high quality and value for their expenditure to survive economically. The expectation of service and product quality must align with the financial sacrifices made by such families, to avoid any injustice as a result of the breakdown of newly purchased products or poorly delivered service. However, the vulnerability of Ghanaian consumers is evidenced daily through systemic market malpractices, including “no return” policies, and the most common of all is the display of goods on various electronic platforms without stating their prices and sale conditions, leaving consumers without recourse.
If that was the emotional anchor, my students were the intellectual call to action. For four years, I have had the privilege of teaching Consumer Protection law at the University of Professional Studies Accra (UPSA) Law School, the only Law School in Ghana that offers this course at both the undergraduate and graduate levels. And for four years, I have faced the same plea: “Where is the textbook? Where is the Ghanaian context? We need a comprehensive guide that speaks to our courts, our systems, and our unique challenges.” And so, this book, “Consumer Rights and Justice in Ghana: A Legal Compass: Safeguarding Fair Consumer Transactions”, was born.
However, my work was made easier as I stand on the shoulders of great Ghanaian Pioneers, who have paved the way for advocates like me. First, I would like to acknowledge the judges of this great country who have, over the years, tried their very best to protect consumers relying on pockets of statutory provisions and common law principles in the absence of any regulatory provision. Secondly, since the 1980s, advocates have been actively advocating for the protection of consumers in Ghana, and one of them is the chair of today’s programme. His Lordship, Justice Prof Kofi Date-Bah. I would like to use this opportunity to thank all the pioneering advocates of consumer protection, those from the legal profession, academia and civil society, because they laid a firm foundation, and today this book is a testament that their advocacy is paying off. The list is unending for the pioneering advocates, but they also include Mr Kwaku Ansah-Asare, Professor Christine Dawouna Hammond, Dr Samuel Manteaw, Mr Owusu Hene (also known as Mr Kofi Kapito), His Lordship Justice Jones Dotse, the chairperson of Consumer Unity Trust and Society International (CUTS International) and of course, my brother from another mother, Mr Appiah Kusi-Adomako. The book duly acknowledges all the pioneering advocates. Thirdly, I acknowledge the efforts made by regulators over the years to protect consumer rights. To all the lawyers who have tirelessly defended the rights of consumers, ayekoo and finally to members of the academic community who continue to empower our students to be advocates of consumer rights, more grease to your elbows.
This book is not merely an academic exercise. It is a tool—a practical, accessible guide designed to empower every Ghanaian, from the market woman to the corporate executive, to know their rights. It is the roadmap for practitioners, advocates and students who must advocate for those rights. In other words, it is, quite literally, the legal compass we all need to navigate the sometimes treacherous waters of the marketplace, ensuring we reach the safe harbour of fairness. In addition to this book being an educational resource for consumer rights protection, it is also a loud, clear voice for progress. Progress, which is embedded in a legal reform, and I fervently advocate for the immediate passage of the Consumer Protection Bill to address the fragmented legal framework that currently exists. To our distinguished parliamentarians who honour us with your presence, heads of various institutions, and to all stakeholders present, I call on you to push for the passage of this critical bill. It is the necessary legislative act that will empower our courts, our regulators and consumers to truly uphold consumer rights in Ghana, within the ECOWAS subregion and the African Continental Free Trade Area (AfCFTA). Your action is the final act of empowerment that completes the circuit of justice for the Ghanaian consumer.
I pray this book dismantles the feeling of helplessness. I pray it gives businesses a clear standard to adhere to. Above all, I pray that it contributes to a Ghanaian economy where fairness is the norm and justice is attainable for every single person who spends their hard-earned money. As law is a living organism, this book will be constantly revised to provide up-to-date consumer protection information, and I welcome all constructive suggestions to improve it and ensure it remains the definitive guide. I stand firmly by the principles of justice it espouses, and I take full responsibility for any grammatical or typographical errors you may find.
Tomorrow is the World Competition Day and National Farmers Day, so Happy International Competition Day in advance, a day celebrated to promote fairness in our marketplaces. Additionally, happy farmers’ day in advance. And remember, you and I are all consumers, so the National Farmers’ Day should be celebrated with consumers acknowledging their symbiotic relationship with farmers. This connection emphasises that a farmer’s harvest is essential for consumers and vice versa.
Finally, thank you all very much for being here despite your busy schedules to celebrate this memorable occasion, for as the late Professor Ama Ata Aidoo puts it, “humans, not places, make memories”. Thank you very much, Prof Chair, for taking the pains to go through the book and agreeing to write the foreword along with His Lordship Justice Kusi-Appiah. I am grateful for agreeing to chair this programme. I am grateful to Mr Adomako for doing me the honour of reviewing the work and providing additional support where possible. Special acknowledgements to all my mentors, the judges who have trained me over the years (directly and indirectly), my seniors and colleagues of the Ghana Bar, especially my Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners (MPOBB) family and the graduating class of 2009 year group of the Ghana School of Law. To my academic family from UPSA and those from sister universities, thank you so much for your constant support. To the regulatory officials, policy makers and consumer protection advocates, thank you very much. To my family (numbers 1 and 2) and friends, thanks for your constant support and patience with me during my isolation to complete this book. Hopefully, a better strategy will be adopted for the next book on competition law. To members of the press and organising teams of this event and the K-App law, I am grateful.
Thank you
