Appeal Court affirms FCCPC has powers to probe medical negligence

Crime Diary

ABUJA, Nigeria (NPA) — The Federal Competition and Consumer Protection Commission (FCCPC) has secured a major legal victory as the Court of Appeal affirmed its powers to investigate complaints of medical negligence and consumer rights violations in the healthcare sector.

The ruling, delivered on April 15, 2026, by Justice Nwaeze of the Federal High Court in Abuja, followed a suit filed by Bridge Medical Diagnostics Centre Ltd challenging the Commission’s authority to probe healthcare providers.

In its judgement, the court dismissed the claims of the plaintiff, holding that as a commercial entity providing diagnostic services for profit, it falls within the regulatory scope of the FCCPC under the Federal Competition and Consumer Protection Act (FCCPA) 2018.

The court further clarified that complaints relating to consumer satisfaction, including service quality and fairness, are within the Commission’s mandate, even where such sectors are also regulated by professional bodies.

It drew a distinction between professional regulation and consumer protection oversight, noting that while disciplinary control of medical practitioners rests with bodies such as the Medical and Dental Council of Nigeria (MDCN), issues concerning consumer rights remain under the FCCPC’s jurisdiction.

Justice Nwaeze also ruled that the absence of a formal cooperation agreement between regulators does not invalidate the Commission’s statutory powers, adding that ethical obligations such as patient confidentiality do not override lawful investigations conducted in the public interest.

Reacting to the judgement, FCCPC Executive Vice Chairman and Chief Executive Officer, Babatunde Irukera, described the decision as a strong affirmation of consumer protection rights across all sectors, including healthcare.

He said the ruling reinforces the principle that professional regulation and consumer protection functions are distinct and can operate concurrently to ensure accountability and fairness.

Irukera added that the Commission remains committed to working with healthcare providers, regulators, and other stakeholders to promote quality service delivery, transparency, and stronger consumer confidence.