The Federal High Court sitting in Lagos on Thursday, September 29, 2022: entered a decision with respect to a protracted matter regarding key consumer issues in healthcare.
OBSERVERSTIMES recall that On April 14, 2020, the Federal Competition and Consumer Protection Commission (“Commission”) opened an investigation regarding repeated consumer complaints against MedContour Services Ltd and Dr. Adepoju Anuoluwapo Olufumilayo (Dr. Anu Adepoju). The target of investigation failing to comply with requests pursuant to, and under the investigation, the Commission on April 15, 2020, sealed the premises where the continuing business was causing injury to consumers.
There is currently, and still pending before the Federal High Court in Lagos in Charge No: FHC/L/CR/125C/2020 a prosecution of criminal charges of Dr. Anu Adepoju associated with the investigation.
Dr. Anu Adepoju however in response to the investigation filed a civil action in Suit No: FHC/L/540/2020, Dr. Anu Adepoju v Federal Competition and Consumer Protection Commission & Anor, seeking injunctive relief against the Commission that the investigative process did not grant her a fair hearing, and that the Commission could neither investigate her, nor seal the premises.
In its decision today, the court held that the FCCPC has the powers to investigate the Plaintiff (Anu Adepoju). It also validated the power of the FCCPC to even seal the premises and remove documents from the premises. The Court added that there was no violation of fair hearing in the conduct of the investigation. The allegation of denial of fair hearing was dismissed.
However, with respect to investigating Dr. Anu Adepoju, the Court held that, to the extent that any investigation is about professional negligence or conduct in violation of professional standards, only the Medical and Dental Council of Nigeria (MDCN) can investigate the plaintiff or other medical professionals.
The court opined that the MDCN being the sector-specific regulator, and having the more appropriate skills to regulate professionalism or the lack thereof in medicine is the right body to inquire into such questions and make appropriate and acceptable determinations.
Reactions to the court decision,Babatunde Irukera the Executive Vice Chairman/ Chief Executive Officer said the Commission welcomes judicial resolutions that clarify the roles of different regulators when such arise with respect to the same conduct. The Commission is not statutorily empowered, or as a matter of skills and capacity to regulate professional conduct, or provide discipline or ancillary remedies against professionals in regulated professions.
The Commission looks forward to receiving the full written judgment of the Court as that is vital to ensure the next and other steps the Commission pursues are not subject to continuing litigation.
The Commission will continue to discharge its mandate to protect consumers and markets, prosecute legitimate administrative and judicial proceedings in that regard, defend actions or legal questions arising from discharging that mandate for the benefit of consumers, and transparently provide information and updates to the public.