The Federal High Court, Abuja, has rejected a suit seeking to restrain the Federal Competition and Consumer Protection Commission (FCCPC) from probing alleged medical negligence complaints by patients.
The verdict was disclosed in a statement issued on Tuesday by the FCCPC Director of Corporate Affairs, Ondaje Ijagwu.
The judgment was delivered by Justice Emeka Nwite on April 15, following a suit (FHC/ABJ/CS/1019/2021) filed by Lifebridge Medical Diagnostic Centre Ltd, which challenged the powers of the FCCPC to investigate complaints involving healthcare services rendered to consumers.
According to the Commission, the plaintiff had “sought declarations that the Commission lacked jurisdiction to investigate complaints bordering on alleged medical negligence, arguing that the FCCPC could not act without first concluding a concurrent jurisdiction arrangement with the Medical and Dental Council of Nigeria (MDCN).”
Delivering his judgment, Justice Nwite “rejected those claims in their entirety”, according to the FCCPC.
The court also recognised a clear distinction between the professional regulation and discipline of medical practitioners, which remains within the remit of relevant professional bodies, and consumer protection oversight relating to the quality, fairness, standards, and treatment received by consumers of healthcare services, which falls within the mandate of the FCCPC.
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 to the development, the Commission stated that the case for greater accountability in medical practice in Nigeria has been strengthened by the court’s ruling.
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.
He explained that the Commission is not attempting to replace professional bodies or sector regulators, but to ensure that consumers who pay for services are treated fairly and receive standards consistent with the law.
He maintained that no commercial service sector is beyond lawful consumer protection accountability.
He assured 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.
The development comes days after the Federal High Court, Abuja, upheld the FCCPC’s powers to inquire into consumer protection issues, such as complaints involving customers and banks.
Justice James Omotosho delivered the judgment on Wednesday in Suit No: FHC/ABJ/CS/1972/2025.
The judge therefore held that the FCCPC is vested with statutory powers to inquire into Consumer Protection issues involving customers and banks.
Under Section 148 of the FCCPC Act:
A consumer shall file a complaint with the Commission in the prescribed manner and form, alleging that a party has acted in a manner inconsistent with the provisions of the Act.
The Commission may initiate a complaint concerning any alleged violation on its own motion, through an industry sector regulator, or via an accredited consumer protection group.
By the enactment of the FCCPC Act, the FCCPC, according to Justice Omotosho, is the foremost agency with the mandate to inquire into competition and consumer rights.
