The case for stronger accountability in Nigeria’s medical sector has been strengthened following a ruling by the Abuja Federal High Court affirming the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints filed by patients.

Justice Emeka Nwite delivered the judgment on April 15 in a suit marked FHC/ABJ/CS/1019/2021, instituted by Lifebridge Medical Diagnostic Centre Ltd, which challenged the commission’s jurisdiction over complaints arising from healthcare services.

The plaintiff had sought declarations that the FCCPC lacked the authority to investigate cases involving alleged medical negligence, arguing that such powers could only be exercised after establishing a concurrent jurisdiction framework with the Medical and Dental Council of Nigeria (MDCN).

In his ruling, Justice Nwite dismissed the claims, holding that the plaintiff, as a commercial entity providing diagnostic services for a fee, qualifies as an undertaking under the Federal Competition and Consumer Protection Act (FCCPA) 2018.

He noted that healthcare services fall within the category of services subject to consumer protection oversight under the Act.

The court further ruled that complaints relating to consumer satisfaction can fall within the FCCPC’s mandate, even where the sector is also governed by professional regulatory bodies.

Justice Nwite clarified the distinction between professional regulation and consumer protection, stating that while the discipline and regulation of medical practitioners remain the responsibility of professional bodies, issues concerning service quality, fairness, standards, and patient treatment fall within the FCCPC’s oversight.

Justice Nwite also held that Section 105 of the FCCPA, which provides for coordination among regulators, does not constitute a condition precedent to the Commission’s exercise of jurisdiction.Related News

According to Justice Nwite, 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 further ruled that ethical obligations such as patient confidentiality do not override lawful statutory investigative powers exercised in the public interest and in accordance with due process.

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

Mr. Bello stated that the 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.

He noted that 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.

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

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

Source: The Nation News