The Medical and Dental Practitioners Investigation Panel (MDPIP) has filed a Notice of Appeal at the Court of Appeal, Abuja Division, challenging a Federal Capital Territory (FCT) High Court judgment that set aside the Interim Suspension of a Lagos -based medical practitioner, Dr. Ferdinand Ejike Orji, whom they had referred to the Medical and Dental Practitioners Disciplinary Tribunal to review the compatibility of status as a registered doctor.

The appeal stems from Suit No: FCT/HC/CV/5318/2024, in which the Chairman of the Panel and the Panel itself are the appellants, while Dr. Orji is the respondent.

Dr. Orji had approached the FCT High Court to challenge his Interim suspension by the Medical and Dental Practitioners Investigation Panel (MDPIP), which had followed his conviction for criminal negligence by the Lagos State High Court in the treatment of a 16-year-old patient that eventually resulted in bodily harm.

The judgment, delivered by Justice Kayode Agunloye of the FCT High Court, Gwagwalada Judicial Division, on July 1, 2025, held that the Panel acted without jurisdiction, in bad faith, and in breach of Dr. Orji’s right to fair-hearing when it suspended him via a letter dated August 28, 2023.
The court issued orders of certiorari, prohibition, and perpetual injunction, restraining the panel and its officials from implementing the suspension pending the determination of Dr. Orji’s case before the Medical and Dental Practitioners’ Disciplinary Tribunal (MDPDT).
Dissatisfied with the FCT High Court ruling, the appellants filed a Notice of Appeal at the Court of Appeal, Abuja asserting that the trial court exceeded its authority by reviewing administrative actions of a statutory body.

The appellants argue that judicial review permits examination of legality, but not the merits of administrative decisions.

They cited the Supreme Court ruling in Korea National Oil Corporation v. O.P.S. (Nig.) Ltd (2018) 2 NWLR (Pt. 1604) 394 to support their position. The appellant contended that the FCT Judge erred in law when he held that the interim suspension placed on Dr Orji by the MDPIP via letters dated August 28, 2023 was ultra vires the powers of the second Appellant under Section 15(3)(c) of the Medical and Dental Practitioners Act, 2004.

The Panel stated that they acted pursuant to enabling laws, adding that Section 15(3)(c) empowers the second Appellant to impose interim suspension pending disciplinary inquiry for public protection and that the Respondent showed no legal bar or jurisdictional defect.

They also averred that the trial court failed to identify any statutory provision stripping the Panel of its powers and that there was no evidence of bad faith by the Appellants.
The appeal also contests the court’s interpretation limiting the Panel’s powers to a six-month suspension, arguing this restriction applies only to substantive suspensions issued after full hearing by the Disciplinary Tribunal, and not on interim protective measures.

The Panel further contends that the High Court misapplied procedural timelines, erroneously attributing potential delays by the Tribunal to the Panel, and that interim suspensions are procedural, protective, and not punitive.
The appellants also challenged the High Court’s reference to Dr. Orji’s criminal conviction for negligence, noting the conviction remains valid until overturned on appeal, and filing an appeal does not automatically stay or nullify the conviction.

The appellants are seeking an order allowing the appeal, an order setting aside the FCT High Court judgment of July 1, 2025, and any other order the Court of Appeal may deem fit.

Dr. Orji, proprietor of Excel Medical Centre, Dolphin Estate, Ikoyi, Lagos, was placed on interim suspension following a criminal conviction for negligence. The suspension was intended to remain in effect pending review by the Disciplinary Tribunal, ensuring adherence to professional standards, while safeguarding public safety.

The appeal is expected to clarify the scope of regulatory powers of medical bodies in Nigeria, particularly regarding interim suspensions, the limits of judicial review, and the balance between public protection and the rights of practitioners.

It would be recalled that Justice Adedayo Akintoye of a Lagos State High Court sitting at Tafawa Balewa Square, Lagos had on January 2023 sentenced Dr. Ejike Ferdinand Orji to one year imprisonment for medical negligence by causing grievous harm and endangering the life of a 16-year-old patient.

Justice Akintoye found Dr. Orji guilty on 4 of the 6 counts charge filed against him by the Lagos State government.
Dr. Orji was initially arraigned alongside his wife, Dr. (Mrs) Ifeayinwa Grace Orji, but the state government later withdrew charges against his wife.

In the particulars of the offence, the defendant was said to have sometime in July 2018 at his medical centre, acted in a reckless and negligent manner when he fixed a Plaster of Paris (PoP) cast too tightly on the leg of the minor which caused him grievous harm.
The minor, a young Nigerian aspiring to play basketball in the United States of America had his career cut short by the incident, which occurred when he came to Nigeria for a holiday. It was reported that he started experiencing excruciating pain after the application of PoP from the upper thigh to the toes before an xray was conducted to find out the type of injury. Consequently, compartment syndrome resulted, which led to 15 major surgeries in and out side Nigeria.

In her judgment, Justice Akintoye held that the Prosecution had been able to establish a case against Dr Ferdinand Orji, the essential ingredients of the offence of breach of duty, care, and endangering the life of the 16-year-old patient.
The court further held that the defendant’s action falls below what is reasonably expected of a medical doctor.

Justice Akintoye held, “It is my opinion that the defendant committed a breach of duty as a medical practitioner when he willfully refused to remove the fibreglass cast on the patient’s left leg despite complaints of severe pains which thereby resulted in a compartment syndrome.”
The court further held that the convict applied a Plaster of Paris (PoP) cast on the patient’s leg using a non-medical staff member, and without carrying out an x-ray to identify the level of injury. Justice Akintoye also stated that Dr. Orji did not obtain the consent of the patient’s mother, who was in the hospital at the time the PoP was done.

The court held, “The prosecution has been able to establish essential ingredients of the offences of breach of duty. I find that the prosecution has established essential ingredients in courts 2, 3, 4, and 6. The prosecution has therefore proved their case beyond a reasonable doubt.”
“Consequently, on counts 1 and 5, the defendant, Dr. Ejike Ferdinand Orji is, hereby, found not guilty. On counts two, three, four, and six, I find him guilty and he is, accordingly, convicted. This is the judgment of the court”
Justice Akintoye, after listening to Dr Orji counsel’s allocutus, sentenced him to one-year imprisonment each, on counts two, three, four, and six. He, however, ordered that the sentence shall run concurrently.