Court Affirms FCCPC's Authority in Medical Negligence Cases

On April 15, 2023, the Federal High Court in Abuja, presided over by Justice Emeka Nwite, upheld the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints related to medical negligence within the healthcare sector. The case arose from a suit filed by Life Bridge Medical Diagnostic Centre, which challenged the FCCPC's jurisdiction to investigate complaints involving healthcare services.

The plaintiff argued that the FCCPC could not act without first concluding concurrent jurisdiction with the Medical and Dental Council of Nigeria (MDCN). However, Justice Nwite rejected this claim, emphasizing that the FCCPC's mandate includes oversight of healthcare services under the Federal Competition and Consumer Protection Act (FCCPA) of 2018.

The court ruled that the FCCPC's powers are not contingent upon an agreement with regulatory bodies and that consumer satisfaction issues fall within its jurisdiction. Following the judgment, FCCPC executives, including Mr.

Tunji Bello, affirmed the decision as a significant step in ensuring consumer protection in the healthcare sector.