The Federal High Court in Abuja has affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints arising from healthcare services, strengthening its role in consumer protection across sectors that provide services for payment.
The ruling, delivered by Justice Emeka Nwite on April 15 in suit FHC/ABJ/CS/1019/2021, dismissed a case filed by Life Bridge Medical Diagnostic Centre Ltd. The company had challenged the FCCPC’s jurisdiction, arguing that the commission could not probe alleged medical negligence without a prior agreement with the Medical and Dental Council of Nigeria.
The court disagreed, holding that healthcare providers offering services for remuneration fall under the scope of the Federal Competition and Consumer Protection Act, 2018. It further ruled that such services are subject to consumer protection oversight, even where professional regulatory bodies also have authority.
Justice Nwite distinguished between professional discipline, which remains the responsibility of sector regulators like medical councils, and consumer protection concerns such as service quality, fairness, and treatment of patients, which fall within the FCCPC’s mandate.
He also clarified that coordination provisions under Section 105 of the Act do not restrict or delay the FCCPC’s powers, and that the absence of formal agreements with other regulators does not invalidate its statutory authority. The court added that obligations like patient confidentiality cannot obstruct lawful investigations carried out in the public interest.
Reacting to the judgment, FCCPC Executive Vice Chairman Tunji Bello described the decision as a reaffirmation of consumers’ rights to protection and redress, including in the healthcare sector. He noted that the ruling confirms that sector regulators and consumer protection agencies can operate concurrently, each addressing different aspects of service delivery.
According to him, the FCCPC’s role is not to replace professional bodies but to ensure that consumers receive fair treatment and acceptable service standards in all commercial sectors, including healthcare.
