The Abuja Division of the Federal High Court has affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints filed by patients against healthcare providers.
The ruling, delivered by Justice Emeka Nwite on April 15, is seen as a major boost for accountability in Nigeria’s medical sector.
The case, marked FHC/ABJ/CS/1019/2021, was instituted by Lifebridge Medical Diagnostic Centre Ltd, which questioned the commission’s jurisdiction over complaints arising from healthcare services.
Truthng reports that the plaintiff had argued that the FCCPC lacked the authority to investigate alleged cases of medical negligence without first establishing a concurrent jurisdiction framework with the Medical and Dental Council of Nigeria.
However, 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 2018.
He noted that healthcare services fall within the scope of services subject to consumer protection oversight.
The court further ruled that complaints relating to consumer satisfaction can fall within the FCCPC’s mandate, even where the sector is also regulated by professional bodies.
Justice Nwite drew a clear distinction between professional regulation and consumer protection.
He explained that while the discipline of medical practitioners remains the responsibility of regulatory bodies, issues concerning service quality, fairness, standards and patient treatment fall within the commission’s purview.
On the issue of coordination with other regulators, the court clarified that Section 105 of the FCCPA does not make such collaboration a precondition for action.
According to the judge, the absence of a formal agreement with another regulatory body does not limit or suspend the FCCPC’s statutory powers.
