By OLUWAFUNKE ISHOLA

The Nigerian Medical Association (NMA) has objected to a Federal High Court judgment affirming the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate alleged cases of medical negligence.

Its Lagos State Branch Chairman, Dr Babajide Saheed, in a statement on Wednesday, warned that the ruling could trigger regulatory conflicts and deepen uncertainty within Nigeria’s healthcare sector.

Saheed described the ruling as “surprising and troubling,” arguing that existing Nigerian law already granted exclusive oversight of medical practice and professional misconduct to the Medical and Dental Council of Nigeria (MDCN).

According to him, the MDCN’s authority over medical ethics, disciplinary procedures and negligence investigations is clearly defined under Nigerian law and is central to maintaining professional standards within the healthcare system.

He emphasised that the statutory mandate of the MDCN was “deliberate and exclusive”, adding that medical negligence cases often involve highly technical issues requiring specialised professional expertise.

The NMA chairman warned that allowing external agencies such as the FCCPC to investigate medical negligence could create overlapping jurisdictions, institutional clashes and inconsistent standards in the handling of sensitive healthcare matters.

He expressed concern that the ruling may open the door for other regulatory and law enforcement agencies to intervene in areas traditionally managed by professional medical regulators.

Saheed insisted that medical negligence cannot be treated in the same way as ordinary consumer disputes because of the specialised scientific and ethical considerations involved.

He argued that extending investigative powers to agencies outside the established professional framework could expose healthcare practitioners to arbitrary or poorly informed scrutiny.

The chairman also linked the ruling to wider concerns over the worsening migration of Nigerian healthcare professionals abroad, commonly referred to as the “japa” phenomenon.

According to him, additional regulatory uncertainty could further discourage practitioners from remaining in the country.

“At a time when Nigeria is already facing severe shortages of healthcare professionals, developments like this risk eroding confidence within the medical community,” he said.

He warned that continued brain drain poses serious risks to healthcare delivery, including longer waiting times, increased workloads for remaining staff and declining access to specialised care.

He disclosed that NMA Lagos branch would challenge the ruling through legal means, including an appeal aimed at securing judicial clarification on the limits of the FCCPC’s authority in medical matters.

Saheed emphasised that the association supported accountability and high ethical standards within the profession but insisted that disciplinary oversight must remain under the purview of recognised medical regulatory institutions.

“We remain committed to upholding the highest standards of medical ethics and professional accountability while safeguarding the autonomy and integrity of the profession for the benefit of all Nigerians,” he said.

The News Agency of Nigeria (NAN) reports that a Federal High Court in Abuja, presided over by Justice Emeka Nwite, on April 15, reaffirmed the powers of the FCCPC to investigate complaints related to medical negligence and healthcare services.

The judgment followed a suit filed by Life Bridge Medical Diagnostic Centre Ltd., challenging the commission’s authority to probe complaints involving services rendered to patients.

The centre had argued that the FCCPC lacked jurisdiction to investigate alleged medical negligence and could not act without first establishing a formal arrangement with the MDCN.

However, the court rejected the claims, holding that the company, as a provider of diagnostic services for payment, qualified as a commercial undertaking under the Federal Competition and Consumer Protection Act (FCCPA) 2018.

Nwite ruled that healthcare services were subjected to consumer protection oversight, adding that the FCCPC could address patient satisfaction complaints regardless of regulation by professional bodies. (NAN)

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