Court Clears FCCPC To Investigate Alleged Medical Negligence Cases

The Abuja division of the Federal High Court has cleared the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints arising from alleged medical negligence, in a landmark judgment reinforcing consumer rights in Nigeria’s healthcare sector.

Justice Emeka Nwite delivered the ruling on April 15, dismissing a suit filed by Life Bridge Medical Diagnostic Centre Ltd, which had challenged the Commission’s authority to probe healthcare-related complaints.

The plaintiff had argued that the FCCPC lacked jurisdiction to investigate allegations of medical negligence without first entering into a formal arrangement with the Medical and Dental Council of Nigeria (MDCN), the statutory regulator of medical practice in Nigeria.

However, the court rejected the claim, holding that the diagnostic centre, as a commercial entity offering services for a fee, qualifies as an undertaking under the Federal Competition and Consumer Protection Act (FCCPA), and is therefore subject to consumer protection regulations.

Justice Nwite ruled that healthcare services fall within the scope of services covered by the FCCPA, particularly where complaints relate to consumer satisfaction, quality of service, and fairness in treatment.
In a critical clarification, the court distinguished between professional discipline and consumer protection oversight. While professional bodies such as the MDCN retain authority over licensing and disciplinary matters, the FCCPC is empowered to address issues affecting consumers of healthcare services.

The court further held that Section 105 of the FCCPA, which provides for coordination among regulators, does not constitute a condition precedent to the FCCPC’s exercise of its powers. It stressed that the absence of a formal agreement does not invalidate the Commission’s statutory mandate.

On patient confidentiality, the court ruled that ethical obligations do not override lawful investigations carried out in the public interest and in accordance with due process.

Reacting, FCCPC executive vice chairman, Tunji Bello, described the ruling as a significant affirmation of consumer protection across all sectors where services are rendered for value.

He noted that the judgment reinforces the principle that consumer protection oversight and sector-specific regulation can coexist, adding that the FCCPC is not positioned to replace professional bodies but to ensure fairness, accountability, and quality service delivery.

Bello added that the Commission remains committed to engaging with healthcare providers, regulators, and stakeholders to strengthen service standards and boost consumer confidence in Nigeria’s healthcare system.