The Medical and Dental Practitioners Investigation Panel (MDPIP) has initiated a legal challenge against a recent court decision that favoured a suspended Lagos-based doctor. The panel filed a notice of appeal at the Court of Appeal in Abuja, contesting a judgment from the Federal Capital Territory (FCT) High Court.
Court Overturns Suspension, Panel Fights Back
The FCT High Court's ruling, delivered on July 1, 2025, set aside the interim suspension of Dr. Ferdinand Ejike Orji. Justice Kayode Agunloye, presiding at the Gwagwalada division, found that the MDPIP acted without jurisdiction, in bad faith, and in breach of Orji's right to a fair hearing. The suspension was imposed via a letter dated August 28, 2023.
The court also issued a perpetual injunction, preventing the panel from enforcing the suspension while the doctor's case is before the Medical and Dental Practitioners Disciplinary Tribunal (MDPDT).
The Core of the Legal Dispute
The MDPIP had referred Dr. Orji to the disciplinary tribunal following his criminal conviction by a Lagos State High Court. The conviction, handed down by Justice Adedayo Akintoye in January 2023, sentenced Orji to a one-year prison term for criminal negligence.
The case involved the treatment of a 16-year-old patient in July 2018 at Excel Medical Centre in Ikoyi, Lagos. The court found Orji guilty on four counts for fixing a Plaster of Paris (PoP) cast too tightly, causing grievous bodily harm.
In their appeal, the MDPIP argues that the FCT High Court overstepped its authority. The appellants contend that judicial review should examine the legality, not the merits, of an administrative decision. They assert that the judge was wrong to rule that the interim suspension exceeded the panel's powers under the Medical and Dental Practitioners Act of 2004.
Key Arguments and Potential Implications
The panel's appeal highlights several critical legal points:
- The panel insists that Section 15(3)(c) of the Act empowers it to impose an interim suspension to protect the public during a disciplinary inquiry.
- They argue that Dr. Orji's criminal conviction remains valid unless overturned on appeal and that filing an appeal does not automatically nullify it.
- The appellants believe the trial court erred by reviewing the substantive merits of their administrative action.
This appeal, stemming from the suit marked FCT/HC/CV/5318/2024, is poised to have significant ramifications. It is expected to clarify the scope of regulatory powers for medical bodies in Nigeria, particularly concerning:
- The legality of interim suspensions of practitioners.
- The limits of judicial review over statutory administrative bodies.
- The balance between protecting public safety and upholding the rights of medical professionals.
The outcome will be closely watched by the medical and legal communities across Nigeria.
