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

The appeal stems from Suit No: FCT/HC/CV/5318/2024, in which the Panel and its Chairman are appellants, and Dr Orji is the respondent. The FCT High Court, under Justice Kayode Agunloye at the Gwagwalada Judicial Division, had on July 1, 2025, ruled that the Panel acted without jurisdiction, in bad faith, and in violation of Dr Orji’s right to a fair hearing when it issued an interim suspension on August 28, 2023. The court issued orders restraining the Panel from implementing the suspension pending the disciplinary tribunal’s review.

Dr Orji had challenged his suspension, which was imposed following his referral to the Medical and Dental Practitioners Disciplinary Tribunal (MDPDT) to examine whether his status as a registered doctor was compatible with his criminal conviction for negligence by the Lagos State High Court. The conviction arose from his medical treatment of a 16-year-old patient that resulted in serious bodily harm.

In its appeal, the Panel asserts that the High Court exceeded its authority by reviewing the administrative actions of a statutory body. According to the Panel, judicial review permits examination of legality, but does not extend to the merits of administrative decisions. The Panel cited the Supreme Court ruling in Korea National Oil Corporation v. O.P.S. (Nig.) Ltd (2018) 2 NWLR (Pt. 1604) 394 in support of its position.

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The appellants maintain that the FCT High Court erred in holding that the interim suspension was ultra vires under Section 15(3)(c) of the Medical and Dental Practitioners Act, 2004. The Panel emphasises that the law explicitly empowers it to impose an interim suspension pending disciplinary inquiry for the protection of the public. “There is no statutory provision stripping the Panel of this power, and there is no evidence of bad faith on our part,” the Panel stated.

The appeal also contests the High Court’s interpretation that the Panel’s powers are limited to six months. The Panel argues that the six-month restriction applies only to substantive suspensions issued after full hearings by the Disciplinary Tribunal, not to interim, protective measures. 

Furthermore, the Panel contends that the High Court incorrectly attributed delays by the Disciplinary Tribunal to the Panel, despite the interim suspension being procedural and protective, not punitive.

The appellants further challenged the High Court’s treatment of Dr Orji’s criminal conviction. They noted that the conviction remains valid until overturned on appeal and that filing an appeal does not automatically stay or nullify the conviction. In its appeal, the Panel is seeking an order to set aside the FCT High Court judgment and restore the interim suspension until the disciplinary review is completed.

Dr Orji, who runs Excel Medical Centre, Dolphin Estate, Ikoyi, Lagos, was convicted in January 2023 by Justice Adedayo Akintoye of the Lagos State High Court at Tafawa Balewa Square for medical negligence. The court found him guilty on four of six counts following an incident in July 2018.

The case involved the application of a Plaster of Paris (POP) cast on a 16-year-old patient, which was applied too tightly and resulted in compartment syndrome. The patient, an aspiring basketball player visiting Nigeria, subsequently underwent 15 major surgeries and lost the opportunity to play professionally abroad.

Justice Akintoye detailed the breaches: “It is my opinion that the defendant committed a breach of duty as a medical practitioner when he willfully refused to remove the fibreglass cast on the patient’s left leg despite complaints of severe pain, which thereby resulted in compartment syndrome. The cast was applied using non-medical staff, without X-ray confirmation, and without the consent of the patient’s mother.”

Dr Orji was found guilty on counts two, three, four, and six, and sentenced to one year imprisonment for each count, to run concurrently. Counts one and five were dismissed. Charges against his wife, Dr Ifeayinwa Grace Orji, were later withdrawn by the state government.

The MDPIP emphasised that the interim suspension was intended to maintain public safety and uphold professional standards while the Disciplinary Tribunal reviews Dr Orji’s case. The appeal is expected to clarify the scope of regulatory powers of medical bodies in Nigeria, particularly regarding interim suspensions, the limits of judicial review, and the balance between public protection and the rights of medical practitioners.

Meiza Nigeria