Court rules FCCPC can investigate healthcare complaints, confirms no sector is exempt from consumer protection oversight under Nigerian law.
- +Court Grants FCCPC Power To Probe Medical Negligence Cases In Nigeria
The Federal High Court in Abuja has affirmed the powers of the Federal Competition and Consumer Protection Commission to investigate complaints involving medical negligence.
The Federal High Court in Abuja has affirmed the powers of the Federal Competition and Consumer Protection Commission to investigate complaints involving medical negligence.
The ruling, delivered by Justice Emeka Nwite on April 15, followed a suit filed by Life bridge Medical Diagnostic Centre Ltd. The company had challenged the Commission’s authority to probe healthcare-related complaints.
The plaintiff argued that the FCCPC lacked jurisdiction and could not act without first reaching an agreement with the Medical and Dental Council of Nigeria.
The court rejected the claims and upheld the Commission’s powers.
Justice Nwite ruled that the company, as a commercial provider of diagnostic services, falls under the scope of the Federal Competition and Consumer Protection Act.
He stated that “healthcare services fall within the category of services subject to consumer protection oversight under the Act.”
The court also clarified that complaints tied to consumer satisfaction fall within the FCCPC’s mandate, even if the sector has its own regulators.
It drew a clear line between professional discipline and consumer protection, stating that while medical bodies handle professional conduct, the FCCPC oversees “the quality, fairness, standards, and treatment received by consumers of healthcare services.”
The judge further ruled that the absence of a formal agreement between regulators does not limit the Commission’s authority.
“The absence of any formal agreement with another regulator does not extinguish or suspend powers expressly conferred on the FCCPC by the statute,” he said.
The court also held that patient confidentiality does not override lawful investigations carried out in the public interest.
Reacting to the judgment, FCCPC Executive Vice Chairman, Tunji Bello, said the ruling strengthens consumer rights across all sectors.
He described it as “a symbolic affirmation that consumers are entitled to protection and lawful redress in all sectors where services are provided for value, including healthcare.”
Bello added that the decision confirms that “sector-specific professional regulation and consumer protection oversight are distinct statutory functions that can operate side by side in the public interest.”
He said the Commission’s role is to ensure fairness for consumers, not to replace professional regulators.
“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 added that the ruling confirms that “no commercial service sector is beyond lawful consumer protection accountability.”
The FCCPC said it will continue to engage stakeholders in the healthcare sector to improve service delivery and strengthen consumer confidence.
