Medical Panel Appeals FCT High Court’s Ruling Nullifying Lagos Doctor’s Interim Suspension

Wale Igbintade

The Medical and Dental Practitioners Investigation Panel (MDPIP) has filed a notice of appeal at the Court of Appeal, Abuja Division, challenging a judgment of the Federal Capital Territory (FCT) High Court, which set aside the interim suspension of a Lagos-based medical practitioner, Dr. Ferdinand Ejike Orji.

The panel referred Orji to the Medical and Dental Practitioners Disciplinary Tribunal (MDPDT) to determine whether his continued registration as a doctor was compatible with his conviction by a Lagos State High Court for criminal negligence arising from his medical practice.

The appeal arose from Suit No. FCT/HC/CV/5318/2024, with the Chairman of the Panel and the Panel itself listed as appellants, and Orji as the respondent.

Orji had approached the FCT High Court to challenge his interim suspension by the MDPIP after the panel resolved to refer his conviction for criminal negligence in the treatment of a 16-year-old patient, which resulted in grievous bodily harm, to the Disciplinary Tribunal.

Justice Kayode Agunloye of the FCT High Court, Gwagwalada Division, on July 1, 2025, held that the panel acted in bad faith, without jurisdiction, and in breach of  Orji’s right to a fair hearing when it suspended him via a letter dated August 28, 2023.

The court further issued an order of certiorari, prohibition, and a perpetual injunction restraining the panel from enforcing the suspension, pending the determination of the case before the Disciplinary Tribunal.

Dissatisfied with the ruling, the appellants filed a notice of appeal, asserting that the trial court exceeded its authority by reviewing and overturning valid administrative actions taken by a statutory regulatory body.

The panel argued that judicial review is limited to examining the legality of administrative decisions, not their merits, citing the Supreme Court decision in Korea National Oil Corporation v. O.P.S. (Nigeria) Ltd. (2018) 2 NWLR (Pt. 1604) 394.

The appellants further contended that the judge erred in law in holding that the interim suspension imposed on Orji was ultra vires the panel’s powers under Section 15(3)(c) of the Medical and Dental Practitioners Act, 2004.

They argued that the law empowers the panel to impose an interim suspension pending a disciplinary inquiry to protect public safety and maintain professional standards.

They also submitted that the trial court did not identify any statutory provision that stripped the panel of its powers, nor did it provide any evidence to support the claim that the panel acted in bad faith.

Consequently, the panel is seeking an order allowing the appeal and setting aside the FCT High Court judgment of July 1, 2025, along with any other orders the Court of Appeal may deem appropriate.

Orji, proprietor of Excel Medical Centre, Dolphin Estate, Ikoyi, Lagos, was suspended by the panel following his conviction for negligence by a Lagos State High Court.

Justice Adedayo Akintoye of the Lagos State High Court, sitting at the Tafawa Balewa Square, had sentenced Orji to one year imprisonment in January 2023 for medical negligence that caused grievous harm to a 16-year-old patient. He was convicted on four of the six counts filed by the Lagos State Government.

His wife, Dr. Ifeayinwa Grace Orji, was initially charged alongside him, but the charges against her were later withdrawn.

According to the particulars of the offence, Orji, in July 2018, applied a Plaster of Paris (POP) cast too tightly on the patient’s leg without first conducting an X-ray, causing excruciating pain and eventually leading to compartment syndrome.

The condition resulted in 15 major surgeries in Nigeria and abroad. The incident ended the young athlete’s dream of pursuing a basketball career in the United States.