MDPIP Appeals High Court Ruling on Doctor’s Suspension

Sunday Ehigiator

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 Lagos-based medical practitioner, Dr. Ferdinand Ejike Orji.

The appeal arises from Suit No: FCT/HC/CV/5318/2024, in which the Chairman of the Panel and the Panel itself are the appellants, while Dr. Orji is the respondent.

The MDPIP had earlier suspended Dr. Orji and referred him to the Medical and Dental Practitioners Disciplinary Tribunal (MDPDT) to determine the compatibility of his professional status following his conviction by a Lagos State High Court for criminal negligence in the treatment of a 16-year-old patient.

Dr. Orji had challenged the interim suspension before the FCT High Court, arguing that the Panel acted unlawfully.

It will be recalled that Justice Adedayo Akintoye of the Lagos State High Court sitting at Tafawa Balewa Square, Lagos, had in January 2023 sentenced him to one year imprisonment after finding him guilty on four of six counts related to reckless medical conduct which caused grievous bodily harm to the minor.

The charges against his wife, Dr. (Mrs.) Ifeayinwa Grace Orji, who was initially arraigned alongside him, were later withdrawn by the state.

On July 1, 2025, Justice Kayode Agunloye of the FCT High Court, Gwagwalada Judicial Division, nullified the Panel’s decision, holding that the MDPIP acted without jurisdiction, in bad faith, and in violation of Dr. Orji’s right to fair hearing when it issued the suspension letter dated August 28, 2023.

The court also granted orders of certiorari, prohibition, and a perpetual injunction restraining the Panel from enforcing the suspension while the matter remains pending before the Disciplinary Tribunal.

Dissatisfied with the judgment, the Panel has approached the Court of Appeal, arguing that the trial court exceeded its authority by delving into the merits of an administrative decision rather than restricting itself to questions of legality.

The appellants cited the Supreme Court’s decision in Korea National Oil Corporation v. O.P.S. (Nig.) Ltd (2018) 2 NWLR (Pt. 1604) 394, noting that judicial review does not empower courts to substitute their judgment for that of statutory bodies.

The MDPIP further argued that Section 15(3)(c) of the Medical and Dental Practitioners Act, 2004, empowers it to impose interim suspensions pending disciplinary inquiry for the protection of the public.

It contended the trial court failed to point to any statutory provision curtailing this power and that there was no evidence to support the finding of bad faith.

The Panel also rejected the court’s interpretation limiting interim suspensions to six months, stating that such limitation applies only to substantive suspensions issued after full hearings by the Tribunal and not to temporary protective measures.

The appellants also faulted the court’s reasoning regarding procedural delays and insisted that interim suspensions are purely protective, not punitive.

They emphasized that Dr. Orji’s criminal conviction remains valid until overturned, as filing an appeal does not nullify or stay the conviction.

In the appeal, the Panel is seeking an order allowing the appeal, setting aside the July 1, 2025 judgment of the FCT High Court, and granting any other reliefs the Court of Appeal may consider appropriate.

Dr. Orji, proprietor of Excel Medical Centre, Dolphin Estate, Ikoyi, Lagos, had been placed on interim suspension following his conviction, pending a full review by the Disciplinary Tribunal to safeguard public safety and uphold professional standards.

The outcome of the appeal is expected to clarify the scope of regulatory powers of medical oversight bodies in Nigeria, particularly concerning interim suspensions, the limits of judicial review, and the balance between protecting the public and preserving the rights of medical practitioners.