A Federal High Court in Abuja has affirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints related to medical negligence and healthcare services.
- +Court affirms FCCPC powers to investigate medical negligence cases
According to a statement issued by the FCCPC on Tuesday, the judgment, delivered by Justice Emeka Nwite on 15 April, followed a suit filed by Life Bridge Medical Diagnostic Centre Ltd challenging the commission’s authority to probe complaints involving services rendered to patients.
According to a statement issued by the FCCPC on Tuesday, the judgment, delivered by Justice Emeka Nwite on 15 April, followed a suit filed by Life Bridge Medical Diagnostic Centre Ltd challenging the commission’s authority to probe complaints involving services rendered to patients.
The plaintiff had argued that the FCCPC lacked jurisdiction to investigate alleged medical negligence and could not act without first establishing a formal arrangement with the Medical and Dental Council of Nigeria (MDCN).
However, the court rejected the claims, holding that the company, as a provider of diagnostic services for payment, qualifies as a commercial undertaking under the Federal Competition and Consumer Protection Act (FCCPA) 2018.
Mr Nwite ruled that healthcare services fall within the scope of services subject to consumer protection oversight, noting that complaints relating to patient satisfaction fall within the FCCPC’s mandate, even where the sector is regulated by professional bodies.
The court drew a distinction between professional regulation and consumer protection, stating that while disciplinary matters remain within the jurisdiction of medical regulators, issues concerning quality of service, fairness, and treatment of patients fall under the FCCPC.
It also held that provisions requiring coordination among regulators do not limit the commission’s powers, stressing that the absence of a formal agreement with another regulatory body does not invalidate the FCCPC’s statutory authority.
The judge further ruled that ethical considerations such as patient confidentiality do not override lawful investigative powers exercised in line with due process and public interest.
Reacting to the ruling, the FCCPC Executive Vice Chairman, Tunji Bello, said the decision reinforces the principle that consumers are entitled to protection and redress in all sectors where services are provided for value, including healthcare.
He said the judgment clarifies that consumer protection oversight and professional regulation are separate functions that can operate alongside each other in the public interest.
Mr Bello added that the commission does not seek to replace professional bodies but to ensure that consumers receive fair treatment and services that meet acceptable standards.
According to him, the ruling confirms that no sector providing commercial services is beyond consumer protection accountability.
He said the FCCPC would continue to engage with healthcare providers, regulators, and other stakeholders to promote accountability, improve service delivery, and strengthen consumer confidence in the sector.
PREMIUM TIMES earlier reported that the commission sealed Paradise Estate in Abuja following complaints from homebuyers over the alleged failure by a developer to deliver promised properties, highlighting its broader mandate to protect consumer rights across sectors.
The court maintained that the FCCPC’s statutory powers remain intact and enforceable, affirming its role in ensuring accountability and fair practices wherever services are provided to consumers.
