Court confirms FCCPC role in handling patient complaints against hospitals

The Federal High Court in Abuja has affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints of medical negligence and other service-related grievances brought by patients against healthcare providers.

According to a statement signed by Ondaje Ijagwu, Director, Corporate Affairs, FCCPC on Tuesday, The ruling, delivered by Justice Emeka Nwite on April 15, followed a suit (FHC/ABJ/CS/1019/2021) filed by Life Bridge Medical Diagnostic Centre Ltd, which challenged the Commission’s jurisdiction over healthcare-related complaints.

In its case, the plaintiff argued that the FCCPC lacked the legal authority to investigate allegations bordering on medical negligence, insisting that such powers rested solely with professional regulatory bodies like the Medical and Dental Council of Nigeria (MDCN).

The company further contended that the Commission could not exercise jurisdiction without first entering into a formal cooperation agreement with the MDCN.

However, Justice Nwite dismissed the claims in their entirety, holding that the plaintiff, as a commercial entity providing diagnostic services for payment, qualifies as an “undertaking” under the Federal Competition and Consumer Protection Act (FCCPA) 2018.

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He ruled that healthcare services fall squarely within the category of services subject to consumer protection oversight.

The court clarified that while professional regulation and discipline of medical practitioners remain the responsibility of relevant sectoral bodies, issues concerning consumer satisfaction, service quality, fairness, and treatment of patients fall within the FCCPC’s mandate.

Justice Nwite further held that Section 105 of the FCCPA, which provides for coordination among regulators, does not make such collaboration a precondition for the Commission’s exercise of its statutory powers.

According to him, the absence of a formal agreement with another regulator does not invalidate or suspend the FCCPC’s authority.

The court also ruled that ethical obligations such as patient confidentiality do not override lawful investigative powers exercised by the Commission in the public interest and in line with due process.

Reacting to the judgment, Tunji Bello, Executive Vice Chairman and Chief Executive Officer of the FCCPC, described the decision as a significant affirmation of consumers’ rights across all sectors, including healthcare.

Bello said the ruling reinforces the principle that consumer protection oversight and professional regulation are distinct but complementary functions that can operate simultaneously in the public interest. He stressed that the FCCPC does not seek to replace professional bodies but aims to ensure that consumers receive fair treatment and value for services paid for.

He added that the judgment underscores that no commercial service sector is beyond the reach of lawful consumer protection accountability, noting that the Commission remains committed to engaging with healthcare providers, regulators, and stakeholders to promote higher standards, transparency, and consumer confidence.

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“The judgment confirms that no commercial service sector is beyond lawful consumer protection accountability. FCCPC remains committed to constructive engagement with healthcare providers, professional bodies, regulators, and stakeholders to promote quality service delivery, accountability, and stronger consumer confidence.,” the statement read