The Federal Competition and Consumer Protection Commission has secured judicial backing for its authority to investigate patient complaints in the healthcare sector, following a landmark ruling by the Federal High Court in Abuja.
In a statement issued by its Director of Corporate Affairs, Ondaje Ijagwu, the commission said the judgment reinforces accountability in medical practice, particularly where services are rendered for payment.
The ruling, delivered on April 15 by Emeka Nwite, arose from a suit filed by Life Bridge Medical Diagnostic Centre Ltd. The company had challenged the FCCPC’s authority to investigate complaints related to healthcare services, arguing that such powers required prior coordination with the Medical and Dental Council of Nigeria.
However, Justice Nwite dismissed the claims in their entirety, holding that the plaintiff, as a commercial provider of diagnostic services, qualifies as an “undertaking” under the Federal Competition and Consumer Protection Act, 2018. He ruled that healthcare services fall within the scope of consumer protection oversight when offered for value.
The court further clarified that complaints relating to consumer satisfaction—such as service quality and fairness—fall within the FCCPC’s mandate, even in sectors that are also regulated by professional bodies.
Drawing a clear line between professional discipline and consumer rights, the court held that while medical practitioners remain subject to oversight by their regulatory bodies, consumer protection issues can be independently addressed by the FCCPC.
Justice Nwite also ruled that Section 105 of the Act, which provides for collaboration among regulators, does not limit the commission’s authority. He emphasised that the absence of a formal agreement with another regulator does not invalidate powers already granted by law.
On the issue of patient confidentiality, the court held that ethical obligations do not override statutory investigative powers exercised in line with due process and public interest.
Reacting to the judgment, FCCPC Executive Vice Chairman and CEO Tunji Bello described the decision as a major affirmation of consumer rights in Nigeria.
According to Bello, the ruling underscores that consumer protection and professional regulation are distinct but complementary functions that can operate simultaneously to safeguard public interest.
He stressed that the FCCPC does not seek to replace sector regulators but aims to ensure that consumers who pay for services receive fair treatment and acceptable standards.
Bello added that the commission would continue to engage healthcare providers, regulators, and professional bodies to strengthen compliance and service delivery.
