Medical and Dental Practitioners Investigation Panel (MDPIP) has filed a notice of appeal at Court of Appeal, Abuja Division, challenging an FCT High Court judgment, which set aside the interim suspension of Lagos-based doctor, Ferdinand Ejike Orji.
The panel had referred Orji to the Medical and Dental Practitioners Disciplinary Tribunal (MDPDT) to determine whether or not he was fit to practise following his conviction by Lagos State High Court for criminal negligence arising from his practice.
The appeal stems from Suit: FCT/HC/CV/5318/2024, in which panel chair and the panel are appellants, and Orji the respondent.
Orji approached FCT High Court to challenge his interim suspension following his conviction relating to treatment of a 16-year-old, which resulted in bodily harm.
On July 1, Justice Kayode Agunloye of Gwagwalada Judicial Division held that the panel acted without jurisdiction, in bad faith and in breach of Dr Orji’s right to fair hearing when it suspended him via a letter dated of August 28, 2023.
The court also issued orders of certiorari and perpetual injunction restraining the panel and its officials from implementing the suspension pending determination of the matter before MDPDT.
Dissatisfied, the appellants filed a notice of appeal, asserting that the trial court exceeded its authority by reviewing the administrative functions of a statutory body.
They argued that while courts may review legality, they cannot substitute their judgment for that of professional regulators.
They cited Supreme Court decision in Korea National Oil Corporation v. O.P.S. (Nig.) Ltd (2018) 2 NWLR (Pt. 1604) 394.
The panel argued that the court erred in law when it held that the suspension was ultra vires, insisting Section 15 (3)(c) of Medical and Dental Practitioners Act, 2004, empowers the investigating panel to impose interim suspension for public protection.
They added that the lower court did not identify any provision stripping the panel of its powers and that there was no evidence of bad faith.
The appellants also faulted the court’s interpretation limiting the panel’s powers to six-month suspensions, saying such limitation applies only to substantive suspensions issued by the tribunal after full hearing, not interim protective measures.
They further maintained that Dr Orji’s conviction remains valid until overturned on appeal and that filing an appeal does not nullify or stay the conviction.
Consequently, the appellants are asking the Court of Appeal to allow the appeal, set aside the FCT High Court judgment of July 1, 2025 and grant any consequential orders.
Dr Orji, proprietor of Excel Medical Centre, Ikoyi, Lagos, was placed on interim suspension following his conviction.
The Panel said the suspension was designed to remain in effect pending disciplinary proceedings and was necessary to safeguard public safety and uphold professional standards.
The appeal is expected to clarify the scope of the regulatory powers of professional bodies in Nigeria, particularly on interim suspensions, limits of judicial review and the balance between public protection and practitioners’ rights.
Justice Adedayo Akintoye of the Lagos High Court, Tafawa Balewa Square, had in January 2023 sentenced Dr Orji to one year imprisonment for negligence. He was found guilty on four of a six-count charge filed by the Lagos State Government.
The offence arose from his treatment of a minor in July 2018. The patient later suffered serious complications which led to extensive medical interventions and ended his aspirations of a basketball career.