The Nigerian Medical Association, Lagos State Chapter, has faulted the judgment that affirmed the authority of the Federal Competition and Consumer Protection Commission to investigate cases of alleged medical negligence in the health sector.
The Federal High Court, Abuja, had on April 15, 2026, affirmed the powers of FCCPC to investigate complaints by patients.
The judgment was delivered by Justice Emeka Nwite following a suit (FHC/ABJ/CS/1019/2021) filed by Life Bridge Medical Diagnostic Centre Ltd, challenging the powers of FCCPC to investigate complaints involving healthcare services rendered to customers.
In the suit, the plaintiff had sought declarations that the commission lacked jurisdiction to investigate complaints bordering on alleged medical negligence, arguing that the FCCPC could not act without first concluding a concurrent jurisdiction arrangement with the Medical and Dental Council of Nigeria.
In the judgment, Justice Nwite rejected those claims in their entirety.
The judge held that the plaintiff, being a commercial entity providing diagnostic services for reward, is an undertaking within the meaning of the Federal Competition and Consumer Protection Act, 2018, stressing that the healthcare services fall within the category of services subject to consumer protection oversight under the Act
But reacting to the ruling in a statement on Wednesday, the Lagos NMA Chairman, Dr Saheed Babajide, described the development as “both surprising and troubling”.
According to him, it is difficult to reconcile such a pronouncement with the clear provisions of the laws which unequivocally vest the regulation of medical practice, including the investigation and adjudication of professional misconduct and negligence, in the Medical and Dental Council of Nigeria.
“This statutory mandate is neither incidental nor ambiguous; it is deliberate, exclusive, and central to preserving the integrity and professionalism of medical practice in Nigeria,” he said.
Babajide explained that the implication of extending investigative authority over medical negligence to external agencies, however well-intentioned, poses significant risks.
He said, “It opens the door to regulatory overlaps, institutional conflicts, and potential arbitrariness in the handling of highly technical medical matters that require specialised expertise.
“More concerning is the precedent it sets, which may embolden multiple governmental and law enforcement bodies to encroach upon a domain that is best managed within a professionally regulated framework.”
Babajide said such developments are likely to further erode confidence within the medical community.
“The resultant uncertainty and perceived vulnerability may accelerate the exodus of skilled practitioners, thereby worsening healthcare outcomes and undermining national health indices,” the Lagos NMA chair said.
He added, “The NMA Lagos State Branch wishes to unequivocally state that it does not align with the position advanced in this judgment. Accordingly, the Association will pursue all lawful avenues to challenge this decision, including filing an appeal to seek judicial clarity and protect the sanctity of medical regulation in Nigeria.”
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