A Federal High Court in Lagos presided by Hon Justice C.J. Aneke in Dr. Anuoluwapo Adepoju v. the Federal Competition and Consumer Protection Commission (FCCPC) has delineated the wide powers given to the FCCPC under its enabling act.
The Court held that the FCCPC cannot validly investigate the allegations of a failed elective surgery conducted by a medical doctor. The court went further to hold that FCCPC cannot forcibly gain access, enter, search, inspect and remove documents of the Applicant’s premises without a warrant contrary to section 27(2) and (4) FCCPA Act 2018.
The court further declared that the FCCPC, in purporting to investigate medical malpractice/ professional competence or negligence acted ultra vires its powers and functions as statutorily conferred on them under the Federal Competition and Consumer Protection Act (FCCPA) 2018.
The court also declared that the entrance, search, inspection, removal of articles and documents from the premises of Medcontour Aesthetics Centre , purported investigation, and sealing of the Applicants premises (without warrant) is illegal null and void and of no effect whatsoever being in excess of the jurisdiction of the FCCPC.
While the court granted injunctive reliefs restraining the 1st Respondent and their agents, privies, servants or any one acting through, by or under its authority under the Federal Competition and Consumer Protection Act (FCCPA) 2018 from conducting and continuing any investigation, inquiry or hearing or proceeding against the Applicant in relation to any matter whatsoever, it further declared that the sealing up of the premises of the applicant is ultra vires the 1st FCCPC, and ordered the immediate reopening of the Applicants hospital and medical centre and further ordered that any further investigation pertaining to the Medical Practice of the Applicant should be carried out by the Medical and Dental Council of Nigeria.