The Federal High Court’s Abuja Division has confirmed that the Federal Competition and Consumer Protection Commission (FCCPC) has the power to look into complaints made by patients against healthcare providers.
Justice Emeka Nwite’s decision on April 15 is seen as a big step forward for accountability in Nigeria’s healthcare system.
Lifebridge Medical Diagnostic Centre Ltd filed the case, which is known as FHC/ABJ/CS/1019/2021. They questioned the commission’s authority to handle complaints about healthcare services.
The plaintiff contended that the FCCPC did not possess the authority to investigate purported instances of medical negligence without first establishing a concurrent jurisdiction framework with the Medical and Dental Council of Nigeria.
Justice Nwite, on the other hand, threw out the claims, saying that the plaintiff is a business that provides diagnostic services for a fee and is therefore an undertaking under the Federal Competition and Consumer Protection Act 2018.
He said that healthcare services are one of the types of services that are covered by consumer protection laws.
The court also said that the FCCPC can look into complaints about customer satisfaction, even if the sector is also regulated by professional groups.
Justice Nwite made it very clear that professional regulation and consumer protection are not the same thing.
He said that regulatory bodies are still in charge of the discipline of medical professionals, but the commission is in charge of making sure that services are fair, high-quality, and that patients are treated well.
The court made it clear that Section 105 of the FCCPA does not require coordination with other regulators before taking action.
The judge said that the FCCPC’s legal powers are not limited or put on hold just because it doesn’t have a formal agreement with another regulatory body.
Not a Problem with Patient Privacy
The court also said that legal investigative powers used in the public interest and in accordance with due process do not trump ethical duties like keeping patient information private.
Tunji Bello, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, said that the decision was a big step forward for consumer rights.
He said that the ruling strengthens the idea that consumers should be protected and have a way to get their money back in all areas where services are provided for money, such as healthcare.
Bello stressed that the decision shows that protecting consumers and regulating professionals can both work for the public good.
He said that the commission’s job is not to take the place of professional groups, but to make sure that services are fair and of high quality.
He said, “The ruling makes it clear that no part of the commercial service sector is above the law when it comes to protecting consumers.”
He also said that the FCCPC is still dedicated to working with healthcare providers, regulators, and other interested parties to make sure that people are held accountable, improve service delivery, and boost consumer trust in the industry.
