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.
PrimeTimes Nigeria 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.
Patient Confidentiality Not A Barrier
The court also ruled that ethical obligations such as patient confidentiality do not override lawful investigative powers exercised in the public interest and in line with due process.
Reacting to the ruling, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Tunji Bello, described the decision as a significant affirmation of consumer rights.
He said the judgment reinforces the principle that consumers are entitled to protection and redress in all sectors where services are rendered for value, including healthcare.
Bello emphasised that the ruling confirms that professional regulation and consumer protection can operate side by side in the public interest.
According to him, the commission’s role is not to replace professional bodies but to ensure fairness and quality service delivery.
“The judgment confirms that no commercial service sector is beyond lawful consumer protection accountability,” he said.
He added that the FCCPC remains committed to engaging with healthcare providers, regulators and other stakeholders to promote accountability, improve service delivery and strengthen consumer confidence in the sector.