… Says regulation under threat

By Chioma Obinna

The Nigerian Medical Association, NMA, Lagos State Branch, has faulted a recent Federal High Court ruling affirming the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate cases of alleged medical negligence, describing the decision as “surprising and troubling.”

The court, in a judgment delivered in April 2026 in Abuja, upheld the powers of the FCCPC to probe medical negligence cases; a development the NMA insists runs contrary to existing laws regulating medical practice in Nigeria.

Reacting to the ruling in press statement themed: “Court Ruling on FCCPC’s Authority to Investigate Medical Negligence” the Chairman of NMA Lagos, Dr. Babajide Kehinde Saheed, said the judgment conflicts with statutory provisions that clearly assign such responsibilities to the Medical and Dental Council of Nigeria, MDCN.

“This development is both surprising and troubling. It is difficult to reconcile such a pronouncement with the clear provisions of the laws of the Federal Republic of Nigeria,” he said.

According to him, “the regulation of medical practice, including the investigation and adjudication of professional misconduct and negligence, is unequivocally vested in the MDCN.”

He stressed that “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.”

Saheed warned that extending investigative authority to external agencies could trigger regulatory confusion and undermine professional standards.

“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.”

He further expressed concern over what he described as a dangerous precedent.

“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,” he added.

The NMA also linked the development to the ongoing brain drain in the health sector, warning that it could worsen the situation.

“At a time when Nigeria is already grappling with a severe shortage of healthcare professionals, exacerbated by the persistent ‘japa’ phenomenon, such developments are likely to further erode confidence within the medical community,” Saheed said.

“The resultant uncertainty and perceived vulnerability may accelerate the exodus of skilled practitioners, thereby worsening healthcare outcomes and undermining national health indices.”

He maintained that the association does not align with the court’s position and will take legal steps to challenge the ruling.

“The NMA Lagos State Branch wishes to unequivocally state that it does not align with the position advanced in this judgment,” he said.

“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.”

Reaffirming the association’s stance, Saheed added: “We remain committed to upholding the highest standards of medical ethics and professional accountability, while also safeguarding the autonomy and integrity of the medical profession for the benefit of all Nigerians.”