The Federal High Court in Abuja has dismissed a suit filed by Air Peace Limited seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from summoning it over alleged passenger complaints involving unrefunded tickets and cancelled flights. Delivering judgment on Monday, Justice James Omotosho ruled that the airline’s……
The Federal High Court in Abuja has dismissed a suit filed by Air Peace Limited seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from summoning it over alleged passenger complaints involving unrefunded tickets and cancelled flights.
Delivering judgment on Monday, Justice James Omotosho ruled that the airline’s case lacked merit, stating that it appeared to be an attempt to shield itself from a lawful investigation.
The dispute centred on the interpretation of Section 148 of the FCCPC Act, which outlines the Commission’s powers in handling consumer complaints.
Justice Omotosho held that the law clearly empowers the FCCPC to initiate investigations independently, refer complaints to appropriate regulators, or direct inspectors to probe allegations.
According to the court, a holistic reading of the Act shows that the Commission is not restricted in exercising its investigative powers and is “at liberty” to adopt any of the options provided under the law.
The judge also dismissed Air Peace’s claim that it was denied fair hearing due to the FCCPC’s refusal to disclose the identities of complainants, describing the argument as premature.
He noted that the Commission had issued multiple summons inviting the airline to respond to the allegations, but Air Peace declined to appear, insisting on prior disclosure of complainants.
“The plaintiff must comply with the summons to appear before the FCCPC,” the judge ruled, adding that the suit had no legal basis.
The case stems from a 2025 action filed by Air Peace, which accused the Commission of unlawfully initiating a probe into complaints relating to ticket refunds, flight cancellations, and alleged exploitative pricing.
https://x.com/fccpcnigeria/status/2046215026516582533?s=20
The airline had asked the court to declare that the FCCPC could not investigate such matters without first referring them to an industry regulator or appointing an inspector.
However, the FCCPC maintained that it acted within its statutory mandate, citing its powers under the FCCPC Act to summon and investigate entities over consumer-related issues.
The Commission had, in June 2025, directed the airline’s management to appear before it in Abuja, warning that failure to comply could attract sanctions, including fines or imprisonment.
Monday’s ruling affirms the Commission’s authority to proceed with its investigation into the complaints.
