NMA rejects court ruling on alleged medical negligence, seeks appeal

The Nigerian Medical Association (NMA), Lagos State Branch, has rejected a recent Federal High Court ruling affirming the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate alleged medical negligence at the Lifebridge Medical Diagnostic Centre Limited.

The association said it would challenge the judgement, warning that it could create regulatory conflicts and undermine the practice of medicine in Nigeria.

The position was contained in a statement signed by Babajide Saheed, following a court ruling by Emeka Nwite in Abuja on 15 April.

Mr Saheed said the judgement contradicts established legal provisions that vest the regulation of medical practice in the Medical and Dental Council of Nigeria (MDCN).

“It is difficult to reconcile such a pronouncement with the clear provisions of the laws of the Federal Republic of Nigeria, which unequivocally vest the regulation of medical practice, including the investigation and adjudication of professional misconduct and negligence, in the Medical and Dental Council of Nigeria,” he said.

He described the MDCN’s role as “deliberate, exclusive, and central to preserving the integrity and professionalism of medical practice in Nigeria.”

The NMA warned that extending investigative authority to external agencies over medical negligence could create institutional conflicts and affect how medical cases are handled.

“It opens the door to regulatory overlaps, institutional conflicts, and potential arbitrariness in the handling of highly technical medical matters that require specialised expertise,” the association said.

It added that the ruling could set a precedent for further encroachment into medical regulation.

“More concerning is the precedent it sets, which may embolden multiple governmental and law enforcement bodies to encroach upon a domain that is best managed within a professionally regulated framework,” it said.

The NMA linked the development to ongoing challenges in the health sector, particularly the migration of medical professionals.

Mr Saheed warned that, at a time when Nigeria is already grappling with a severe shortage of healthcare professionals, exacerbated by the persistent ‘japa’ phenomenon, such developments are likely to erode confidence within the medical community further.

He said the uncertainty created by the ruling may accelerate the exodus of skilled practitioners, potentially worsening healthcare outcomes.

The association said it would challenge the judgement by pursuing all lawful avenues, including filing an appeal to seek judicial clarity and protect the sanctity of medical regulation in Nigeria.

The ruling followed a suit filed by Lifebridge Medical Diagnostic Centre Limited, which challenged the FCCPC’s authority to investigate complaints arising from healthcare services.

The plaintiff had argued that the commission lacked jurisdiction over alleged medical negligence and could not act without first establishing a concurrent framework with the MDCN.

However, the court rejected the claims.

Emeka Nwite held that the plaintiff, as a diagnostic service provider operating for reward, qualifies as an “undertaking” under the Federal Competition and Consumer Protection Act (FCCPA) 2018.

He ruled that healthcare services fall within the category of services subject to consumer protection oversight.

“Where a complaint borders on consumer satisfaction, such issues may fall within the Commission’s consumer protection mandate, notwithstanding that the sector is also professionally regulated,” the court said.

The judge also clarified that Section 105 of the FCCPA, which provides for coordination among regulators, does not make such collaboration a condition precedent for the FCCPC’s exercise of its powers.

The court further held that ethical obligations, including patient confidentiality, do not override lawful statutory investigative powers exercised in the public interest.

In a separate statement signed by its Director of Corporate Affairs, Ondaje Ijagwu, the FCCPC described the ruling as a landmark decision.

The commission’s Executive Vice Chairman and Chief Executive Officer, Tunji Bello, said the judgement affirms consumer rights across all sectors.

Mr Bello said consumers are entitled to protection and lawful redress in all sectors where services are provided for value, including healthcare.

He added that the ruling reinforces the principle that professional regulation and consumer protection oversight are distinct but complementary.

“The Commission’s role is not to replace professional bodies or sector regulators, but to ensure that consumers who pay for services are treated fairly and receive standards consistent with law,” he said.

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