The Federal High Court in Abuja has affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints of medical negligence, marking a significant shift in healthcare accountability in Nigeria.
In a judgment delivered on April 15, Justice Emeka Nwite dismissed a lawsuit filed by Life Bridge Medical Diagnostic Centre Ltd, which sought to restrain the FCCPC from investigating its services.
The court ruled that healthcare providers are commercial “undertakings” and are therefore subject to the Federal Competition and Consumer Protection Act (FCCPA) of 2018.
Life Bridge Medical Diagnostic Centre had filed suit FHC/ABJ/CS/1019/2021, arguing that the FCCPC lacked the jurisdiction to probe medical negligence.
The plaintiff contended that such matters fall under the exclusive purview of the Medical and Dental Council of Nigeria (MDCN) and that the FCCPC could not act without first establishing a formal “concurrent jurisdiction arrangement” with the medical regulator.
Justice Nwite rejected these arguments, clarifying the distinction between professional discipline and consumer rights. Key highlights of the ruling include:
Healthcare as a Service: The court held that because the diagnostic centre provides services for reward, it qualifies as an undertaking under the FCCPA.
Dual Oversight: The judge noted that while professional bodies regulate the conduct of doctors, the FCCPC is mandated to oversee the quality, fairness, and standards of treatment received by consumers.
No Mandatory Pre-conditions: The court ruled that Section 105 of the FCCPA, which encourages coordination between regulators, does not serve as a “condition precedent.”
The FCCPC can exercise its powers even in the absence of a formal agreement with other regulatory bodies.
Confidentiality vs. Public Interest: Justice Nwite further held that patient confidentiality obligations do not override the Commission’s statutory investigative powers when exercised in the public interest.
Impact on Consumer Protection
Reacting to the verdict, the Executive Vice Chairman and CEO of the FCCPC, Mr. Tunji Bello, described the ruling as a “symbolic affirmation” of consumer rights.
”This decision affirms the principle that sector-specific professional regulation and consumer protection oversight are distinct statutory functions that can operate side by side in the public interest,” Bello stated.
He emphasized that the FCCPC does not intend to replace professional regulators but rather to ensure that Nigerians who pay for healthcare services are treated fairly and receive a standard of care consistent with the law.
The ruling effectively closes the door on the argument that commercial healthcare services are exempt from consumer accountability, ensuring that patients have a clear legal pathway for redress in cases of poor service delivery.