The Federal High Court in Abuja has reaffirmed the powers of the Federal Competition and Consumer Protection Commission, FCCPC, to investigate consumer complaints relating to airline ticket pricing, dismissing a suit filed by Air Peace challenging the Commission’s authority.
In a judgment delivered on June 29, Justice B.F.M. Nyako, held that the FCCPC acted within its statutory mandate under the Federal Competition and Consumer Protection Act, FCCPA, 2018, when it requested information from Air Peace following widespread complaints over increases in domestic airfares in December 2024.
According to a statement issued by the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, the court ruled that the Commission’s investigative powers are distinct from its authority to regulate prices, stressing that seeking information from the airline did not amount to fixing or controlling ticket fares.
The dispute arose after the Commission wrote to Air Peace in January 2025 in response to consumer complaints over sharp increases in airfares on some domestic routes.
Air Peace argued that the FCCPC lacked the legal authority to investigate airfare pricing unless the President first invoked the price regulation provisions of the FCCPA.
The airline asked the court to declare the Commission’s actions unlawful and sought an order restraining it permanently from investigating the matter.
Justice Nyako rejected the airline’s arguments, holding that the FCCPC acted within the powers granted under Sections 17, 32 and 33 of the FCCPA.
The court ruled that requesting information as part of an investigation into consumer complaints was lawful and did not amount to exercising the Commission’s price regulation powers under Sections 88, 89 and 90 of the Act.
The court further held that the Commission neither directed Air Peace to reduce its fares nor prescribed any pricing formula or declared the airline’s fares unlawful.
According to the judgment, accepting Air Peace’s interpretation would effectively prevent the FCCPC from investigating pricing-related complaints unless the President first activated the price regulation provisions of the Act, an outcome the court said was not intended by the legislature.
The ruling is consistent with an earlier judgment delivered in April 2026 by Justice James Omotosho, who dismissed another suit filed by Air Peace challenging the Commission’s authority to investigate consumer complaints and issue summons in the discharge of its statutory responsibilities.
Reacting to the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Mr. Tunji Bello, described the decision as an important judicial affirmation of the Commission’s statutory responsibility to investigate market conduct where there are reasonable grounds to believe consumers or competition may be adversely affected.
Bello said the judgment clearly distinguished the Commission’s investigative role from its price regulation powers, noting that the FCCPC neither sought to fix nor regulate Air Peace’s fares but merely exercised its lawful authority to obtain information as part of a legitimate investigation into consumer complaints.
He added that the judgment provides greater judicial clarity on the Commission’s investigative powers while reaffirming that statutory price regulation remains subject to a separate legal framework under the FCCPA.
The FCCPC boss also reaffirmed the Commission’s commitment to carrying out its mandate fairly, transparently and in accordance with the rule of law.
