The Nigerian Medical Association (NMA), Lagos State Branch, has rejected the recent judgment of the Federal High Court in Abuja granting the Federal Competition and Consumer Protection Commission (FCCPC) oversight to investigate complaints related to medical negligence.

The ruling, delivered by Justice Emeka Nwite in suit number FHC/ABJ/CS/1019/2021, affirmed that healthcare services provided by commercial medical entities fall within the scope of the Federal Competition and Consumer Protection Act (FCCPA), 2018, and are therefore subject to consumer protection oversight by the FCCPC.

The suit was instituted by Life Bridge Medical Diagnostic Centre Limited, which had challenged the commission’s authority to investigate alleged cases of medical negligence, arguing that such powers rest solely with the Medical and Dental Council of Nigeria (MDCN) and require prior jurisdictional alignment.

However, the court dismissed the claims in their entirety, holding that the plaintiff qualifies as an “undertaking” under the FCCPA as a commercial provider of diagnostic services for remuneration, and that healthcare services rendered in such context are subject to consumer protection scrutiny.

The judge further clarified that complaints relating to consumer satisfaction may fall within the FCCPC’s mandate even where sectors are regulated by professional bodies, drawing a distinction between professional regulation, which remains under the purview of bodies such as the MDCN, and consumer protection oversight focused on service quality and fairness.

The court also held that Section 105 of the FCCPA does not make coordination with other regulators a condition precedent for the FCCPC to exercise its powers, adding that the absence of a formal agreement does not limit statutory authority.

It further ruled that ethical obligations such as patient confidentiality do not override lawful investigative powers exercised in the public interest, and in line with due process.

Reacting to the judgment, Executive Vice Chairman and Chief Executive Officer of the FCCPC, Tunji Bello, described the decision as a significant affirmation of consumers’ right to protection and redress across all sectors where services are rendered for value, including healthcare.

In a statement shared via the commission’s X account, Bello said the ruling reinforces the position that sector-specific professional regulation and consumer protection oversight are distinct statutory functions that can operate concurrently in the public interest.

He added that the commission does not seek to replace professional regulatory bodies, but to ensure that consumers receive fair treatment and services that meet legal standards.

BUT the NMA Lagos State Branch Chairman, Dr Babajide Saheed, said the judgment was received with profound concern, observing that it is difficult to reconcile the court’s position with existing laws that vest the regulation of medical practice, including the investigation and adjudication of negligence, in the MDCN.

He warned that extending investigative authority over medical negligence to external agencies could create regulatory overlaps, institutional conflicts, and arbitrariness in handling highly technical medical matters.

Saheed further cautioned that the ruling could set a precedent that may embolden other government and law enforcement bodies to encroach on what he described as a professionally regulated domain.

According to him, the uncertainty created by the ruling could further erode confidence within the medical community and accelerate the exodus of practitioners.