A Federal High Court in Abuja has affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate patient complaints against healthcare providers, in a ruling that strengthens consumer accountability across Nigeria’s medical sector.
Justice Emeka Nwite delivered the judgment on April 15 in suit No. FHC/ABJ/CS/1019/2021, dismissing claims by Life Bridge Medical Diagnostic Centre Ltd, which had challenged the FCCPC’s jurisdiction over complaints involving healthcare services.
The diagnostic centre had argued that the Commission lacked the power to investigate alleged medical negligence without first reaching a concurrent jurisdiction arrangement with the Medical and Dental Council of Nigeria (MDCN). Justice Nwite rejected those arguments entirely.
The court held that Life Bridge, as a commercial entity providing diagnostic services for payment, qualifies as an “undertaking” under the Federal Competition and Consumer Protection Act, 2018 (FCCPA), and that healthcare services fall squarely within the consumer protection scope of the Act.
Justice Nwite drew a clear line between the professional regulation of medical practitioners, which remains the preserve of relevant professional bodies, and consumer protection oversight relating to the quality, fairness, and standards of care received by patients, which falls within the FCCPC’s mandate.
The court also ruled that Section 105 of the FCCPA, which provides for coordination among regulators, does not amount to a condition the Commission must fulfil before exercising its jurisdiction. The absence of a formal agreement with another regulator, the court held, does not suspend or extinguish powers expressly granted to the FCCPC by statute.
Further, Justice Nwite ruled that ethical obligations such as patient confidentiality do not override the Commission’s lawful statutory investigative powers when exercised in the public interest and in accordance with due process.
Reacting to the judgment, FCCPC Executive Vice Chairman and CEO Mr. Tunji Bello described it as a reaffirmation that consumers are entitled to protection and lawful redress in every sector where services are rendered for value, 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,” Mr. Bello said.
He stressed 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 the law.
“No commercial service sector is beyond lawful consumer protection accountability,” he added.
Mr. Bello said the FCCPC remains committed to working constructively with healthcare providers, professional bodies, and other stakeholders to promote quality service delivery and stronger consumer confidence.
