Amanze Chinonye
A landmark judgment by the Abuja Division of the Federal High Court has affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints of medical negligence brought by patients, Prime Business Africa reports.
Delivering judgment on April 15, Justice Emeka Nwite dismissed claims by Life bridge Medical Diagnostic Centre Ltd, which had challenged the Commission’s jurisdiction in matters relating to healthcare services.
In the suit marked FHC/ABJ/CS/1019/2021, the plaintiff argued that the FCCPC lacked the authority to investigate alleged cases of medical negligence without first establishing a formal framework for concurrent jurisdiction with the Medical and Dental Council of Nigeria (MDCN).
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However, the court rejected the argument, 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 (FCCPA) 2018. Justice Nwite ruled that healthcare services fall within the scope of consumer protection oversight as defined by the Act.
The court further clarified that complaints relating to consumer satisfaction including quality of service and treatment received can legitimately fall under the FCCPC’s mandate, even in sectors governed by professional regulatory bodies.
In distinguishing between regulatory roles, the court held that while professional discipline and licensing of practitioners remain within the purview of bodies like the MDCN, consumer protection concerning service standards, fairness, and accountability lies with the FCCPC.
Justice Nwite also ruled that Section 105 of the FCCPA, which provides for coordination among regulatory agencies, does not impose a precondition for the FCCPC to exercise its statutory powers. He stated that the absence of a formal agreement with another regulator does not invalidate or suspend powers already granted to the Commission by law.
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On the issue of patient confidentiality, the court held that ethical obligations do not override lawful investigative powers exercised in the public interest and in accordance with due process.
Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the ruling as a significant affirmation of consumer rights across all service sectors, including healthcare.
He noted that the decision reinforces the principle that consumer protection and sector-specific regulation are distinct but complementary functions that can operate simultaneously.
“The Commission’s role is not to supplant professional bodies, but to ensure that consumers who pay for services are treated fairly and receive standards consistent with the law,” Bello said.
He added that the ruling underscores that no commercial service sector is exempt from accountability under consumer protection laws.
The FCCPC reiterated its commitment to working with healthcare providers, regulators, and other stakeholders to enhance service quality, accountability, and consumer confidence nationwide.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
