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Court Backs Consumer Agency Authority to Investigate Healthcare Sector

The Federal High Court in Abuja has delivered a landmark judgment affirming that the Federal Competition and Consumer Protection Commission holds full legal authority to investigate patient complaints against healthcare providers, closing a long-contested regulatory gap and significantly strengthening consumer accountability across Nigeria’s medical sector.

Justice Emeka Nwite delivered the ruling on April 15, following a suit filed by Life Bridge Medical Diagnostic Centre Limited, which had argued that the commission lacked jurisdiction over healthcare complaints and could not act without first completing a formal concurrent jurisdiction arrangement with the Medical and Dental Council of Nigeria.

The court rejected both arguments entirely. Justice Nwite held that the diagnostic centre, as a commercial entity providing services for payment, qualified as an undertaking within the meaning of the Federal Competition and Consumer Protection Act 2018, and that healthcare services fell squarely within the category of services subject to consumer protection oversight under that legislation.

The court drew a clear and legally significant distinction between two separate regulatory functions: the professional regulation and discipline of medical practitioners, which remained within the domain of relevant professional bodies such as the Medical and Dental Council, and consumer protection oversight relating to the quality, fairness, and standards of services received by patients, which fell within the commission’s statutory mandate.

Justice Nwite further ruled that Section 105 of the Act, which provided for coordination among regulators, did not constitute a prerequisite for the commission to exercise its jurisdiction. The absence of a formal agreement with another regulator, the court held, did not suspend or extinguish powers expressly conferred on the commission by statute. It also ruled that ethical obligations such as patient confidentiality could not override lawful statutory investigative powers exercised in the public interest.

FCCPC Executive Vice Chairman and Chief Executive Tunji Bello welcomed the ruling as a symbolic affirmation that consumers were entitled to protection and lawful redress in all sectors where services were provided for value, including healthcare. He stressed that the commission’s role was not to replace professional bodies but to ensure that Nigerians who paid for services were treated fairly and received standards consistent with the law.

“No commercial service sector is beyond lawful consumer protection accountability,” Bello said, adding that the commission remained committed to constructive engagement with healthcare providers, professional bodies, and regulators to promote quality service delivery and strengthen consumer confidence nationwide.

Emeka Chukwudumebi

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