The Federal High Court in Abuja has reaffirmed the statutory authority 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 Limited challenging the Commission’s powers.
In a judgment delivered on June 29, Justice B.F.M. Nyako ruled that the FCCPC acted within its legal mandate under the Federal Competition and Consumer Protection Act (FCCPA) 2018 when it sought information from Air Peace over allegations of exploitative airfare pricing.
According to a statement issued by the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, the court clarified that the Commission’s authority to investigate consumer complaints is separate and distinct from its statutory powers to regulate prices.
The suit stemmed from the Commission’s January 2025 request for information following widespread public complaints over sharp increases in airfares on several domestic routes during the 2024 Christmas season.
Air Peace had argued that the FCCPC lacked the authority to investigate airfare pricing unless the President first invoked the price regulation provisions of the FCCPA. The airline sought court declarations restraining the Commission from conducting such investigations.
Justice Nyako, however, rejected the airline’s arguments, holding that the FCCPC properly exercised its investigative powers under Sections 17, 32 and 33 of the FCCPA.
The court ruled that requesting information as part of an investigation did not amount to regulating or fixing prices under Sections 88, 89 and 90 of the Act.
The judge noted that the Commission neither directed Air Peace to reduce its fares, imposed any pricing formula, nor declared the airline’s ticket prices unlawful. Rather, it merely sought information in response to legitimate consumer complaints.
The court further held that accepting Air Peace’s interpretation of the law would effectively strip the FCCPC of its ability to investigate pricing-related consumer complaints unless the President first invoked the Act’s price regulation provisions.
Such an interpretation, Justice Nyako ruled, would defeat the intention of the legislature and undermine the Commission’s statutory oversight functions.
The judgment marks the second legal victory for the FCCPC against Air Peace on the issue. In April 2026, Justice James Omotosho similarly dismissed another suit filed by the airline challenging the Commission’s authority to investigate consumer complaints and issue summons in the course of its statutory duties.
Reacting to the latest judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Mr. Tunji Bello, described the ruling as a significant judicial endorsement of the Commission’s mandate to protect consumers and ensure fair market practices.
“The Court has again affirmed an important principle under the Federal Competition and Consumer Protection Act. Investigating consumer complaints is fundamentally different from regulating prices,” Bello said.
“The FCCPC neither sought to fix nor regulate Air Peace’s fares. It simply exercised its lawful authority to obtain information as part of an investigation into a matter of legitimate consumer concern.”
He explained that an investigation is merely a fact-finding process and should not be misconstrued as a finding of liability, an enforcement action, or an attempt at price regulation.
Bello added that the judgment provides much-needed judicial clarity on the scope of the Commission’s investigative powers while confirming that the authority to regulate prices remains subject to the distinct legal framework established under the FCCPA.
He reaffirmed the Commission’s commitment to carrying out its statutory responsibilities fairly, transparently and in accordance with the rule of law.
