Court upholds FCCPC authority to probe medical negligence

By Progress Godfrey, Abuja

The Federal High Court in Abuja has upheld the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints of medical negligence, in a ruling seen as strengthening consumer protection in Nigeria’s healthcare sector.

This is contained in a statement by the FCCPC on Tuesday, noting that Justice Emeka Nwite delivered the judgment on April 15 in a suit filed by Life Bridge Medical Diagnostic Centre Ltd, which challenged the Commission’s authority to probe healthcare-related complaints.

The plaintiff argued that the FCCPC lacked jurisdiction over medical negligence cases and could not act without first establishing a concurrent regulatory arrangement with the Medical and Dental Council of Nigeria (MDCN).

However, the court dismissed the claims, holding that healthcare services provided for payment fall within the scope of services covered under the Federal Competition and Consumer Protection Act, 2018 (FCCPA).
The judge further clarified that issues relating to consumer satisfaction can fall within the FCCPC’s mandate, even where the sector is regulated by professional bodies.

Justice Nwite ruled that professional regulation and consumer protection serve distinct functions, noting that while medical bodies oversee discipline and ethics, the FCCPC is responsible for ensuring fairness, quality and accountability in service delivery.

“The plaintiff, being a commercial entity providing diagnostic services for reward, is an undertaking within the meaning of the FCCPA. The absence of any formal agreement with another regulator does not extinguish or suspend powers expressly conferred on the FCCPC by the statute,” the statement read.
In his reaction to the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Tunji Bello, described the decision as a strong affirmation of consumer rights across all sectors, including healthcare.

“The decision affirms that sector-specific professional regulation and consumer protection oversight are distinct statutory functions that can operate side by side in the public interest,” he explained.
He noted that the Commission does not seek to replace professional regulators but aims to ensure that consumers receive fair treatment and services that meet legal standards.

He said the ruling confirms that no commercial service sector is beyond consumer protection accountability and reiterated the FCCPC’s commitment to engaging stakeholders to improve service quality and public confidence.