NMA rejects court ruling giving FCCPC power over medical negligence investigations
The Nigerian Medical Association (Lagos Branch) has rejected a Federal High Court ruling affirming the Federal Competition and Consumer Protection Commission's authority to investigate medical negligence at healthcare facilities. The ruling by Justice Emeka Nwite on April 15 contradicts existing laws that vest medical regulation in the Medical and Dental Council of Nigeria, according to NMA's Babajide Saheed.
The association warns the ruling creates regulatory conflicts and could undermine medical practice in Nigeria. "It opens the door to regulatory overlaps, institutional conflicts, and potential arbitrariness in handling highly technical medical matters," the NMA stated. They plan to challenge the judgement through legal avenues, including appeals.
The FCCPC welcomed the decision as a landmark victory for consumer protection, stating that consumers are entitled to redress across all sectors including healthcare. The court ruled that healthcare providers qualify as "undertakings" under the Federal Competition and Consumer Protection Act 2018, subject to consumer oversight even when professionally regulated.
At a time when Nigeria faces severe healthcare worker shortages exacerbated by the "japa" phenomenon, the NMA warns this uncertainty could accelerate the exodus of skilled practitioners, potentially worsening healthcare outcomes. Which regulatory framework do you believe better protects patients: professional medical oversight or consumer protection enforcement?