Nigerian court affirms powers of FCCPC to investigate medical negligence

*The Federal High Court Abuja, in a ruling, affirms the powers of the Federal Competition and Consumer Protection Commission to investigate complaints by patients in the health sector of the Nigerian economy

Alexander Davis | ConsumerConnect

The Federal High Court sitting in Abuja, FCT, in a ruling, has affirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints by patients in the health sector of the economy.

The FCCPC said the judgement was a case that strengthened the need for more accountability in medical practice in Nigeria.

Justice Emeka Nwite of the Abuja Federal High Court delivered the judgement April 15, 2026, following a suit (FHC/ABJ/CS/1019/2021) filed by Life Bridge Medical Diagnostic Centre Limited, challenging the powers of FCCPC to investigate complaints involving healthcare services rendered to consumers.

ConsumerConnect reports the plaintiff, in the suit, had sought declarations that the market regulatory Commission lacked jurisdiction to investigate complaints bordering on alleged medical negligence in the country.

Life Bridge Medical Diagnostic Centre also argued that the FCCPC could not act without first concluding a concurrent jurisdiction arrangement with the Medical and Dental Council of Nigeria (MDCN).

Justice Nwite, in his In the judgment, however, rejected those claims in their entirety.

The Judge held that the plaintiff, being a commercial entity providing diagnostic services for a reward, is an undertaking within the meaning of the Federal Competition and Consumer Protection Act, 2018 (FCCPA).

The court further stressed that healthcare services fall within the category of services subject to consumer protection oversight under the Act.

Connection between consumer complaints and satisfaction

The Judge said held that where a complaint bordered on consumer satisfaction, such issues might fall within the Commission’s consumer protection mandate, notwithstanding that the sector is also professionally regulated.

The Court recognised a clear distinction between the professional regulation and discipline

of medical practitioners, which remains within the remit of relevant professional bodies, and consumer protection oversight relating to the quality, fairness, standards, and treatment received by consumers of healthcare services, which falls within the mandate

of the FCCPC.

Justice Nwite also held that Section 105 of the FCCPA, which provides for coordination among

regulators, does not constitute a condition precedent to the Commission’s exercise of jurisdiction.

According to Justice Nwite, the absence of any formal agreement with another regulator does

not extinguish or suspend powers expressly conferred on the FCCPC by the statute.

The court further ruled that ethical obligations such as patient confidentiality do not

override lawful statutory investigative powers exercised in the public interest and in accordance with due process.

In his remarks on the development, Mr. Tunji Bello, Executive Vice-Chairman/Chief Executive Officer (EVC/CEO) of FCCPC, described the judgment as a symbolic affirmation that consumers are entitled to protection and lawful redress in all sectors where services are provided for value, including healthcare.

The Commission stated Bello said that the decision affirmed the principle that sector-specific professional regulation and consumer protection oversight are distinct statutory functions that can operate side by side in the public interest.

The EVC/CEO of FCCPC also explained that the Commission’s role is not to replace professional bodies or sector regulators.

Mr. Ondaje Ijagwu, Director of Corporate Affairs at FCCPC, as well stated Bello emphasised that FCCPC wound ensure that consumers who pay for services are treated fairly and receive standards consistent with law.

The judgment, he noted, confirmed that no commercial service sector is beyond lawful consumer protection accountability in Nigeria, stated he.

The Commission assured Nigerians it would remain committed to constructive engagement with healthcare providers, professional bodies, regulators, and stakeholders to promote quality service delivery, accountability, and stronger consumer confidence.

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