Court Upholds FCCPC Powers to Investigate Medical Negligence

• Tunji Bello: no commercial service sector is beyond lawful consumer protection, accountability

James Emejo in Abuja

The Federal High Court, Abuja, has affirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints by patients in the healthcare sector.

The April 15 judgement delivered by Justice Emeka Nwite, strengthened accountability in medical practice in Nigeria.

The ruling followed a suit, (FHC/ABJ/CS/1019/2021), filed by Life Bridge Medical Diagnostic Centre Limited, challenging the powers of FCCPC to investigate complaints involving healthcare services rendered to consumers.

In the suit, the plaintiff had sought declarations that the commission lacked jurisdiction to investigate complaints bordering on alleged medical negligence, arguing that FCCPC could not act without first concluding a concurrent jurisdiction arrangement with the Medical and Dental Council of Nigeria (MDCN).

However, Nwite rejected the claims in their entirety, and held that the plaintiff, being a commercial entity providing diagnostic services for reward, is an undertaking within the meaning of the Federal Competition and Consumer Protection Act, 2018 (FCCPA), stressing that healthcare services fall within the category of services subject to consumer protection oversight under the Act.

The court further held that where a complaint bordered on consumer satisfaction, such issues might fall within the commission’s consumer protection mandate, notwithstanding that the sector was also professionally regulated.

The court further recognised a clear distinction between the professional regulation and discipline of medical practitioners, which remained within the remit of relevant professional bodies, and consumer protection oversight relating to the quality, fairness, standards, and treatment received by consumers of healthcare services, which fell within the mandate of FCCPC.

Nwite also held that Section 105 of the FCCPA, which provided for coordination among regulators, did not constitute a condition precedent to the commission’s exercise of jurisdiction.

According to the judge, the absence of any formal agreement with another regulator does not extinguish or suspend powers expressly conferred on the FCCPC by the statute.

The court ruled that ethical obligations, such as patient confidentiality, did not override lawful statutory investigative powers exercised in the public interest and in accordance with due process.

Reacting to the development, Executive Vice Chairman/Chief Executive, FCCPC, Mr. Tunji Bello, described the judgement as a symbolic affirmation that consumers were entitled to protection and lawful redress in all sectors where services were provided for value, including healthcare.

In a statement issued by FCCPC Director, Corporate Affairs, Ondaje Ijagwu, Bello stated that the decision affirmed the principle that sector-specific professional regulation and consumer protection oversight were distinct statutory functions that could operate side by side in the public interest.

He state that the commission’s role was not to replace professional bodies or sector regulators, but to ensure that consumers who paid for services were treated fairly and received standards consistent with law.

According to him, the judgement confirms that no commercial service sector is beyond lawful consumer protection accountability.

He added that FCCPC remained committed to constructive engagement with healthcare providers, professional bodies, regulators, and stakeholders to promote quality service delivery, accountability, and stronger consumer confidence.