The Federal High Court in Abuja has affirmed the 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 statutory mandate under the Federal Competition and Consumer Protection Act (FCCPA) 2018 when it requested information from Air Peace over complaints of sharp increases in domestic airfares.
The court held that the Commission’s investigative powers are distinct from its authority to regulate prices, stressing that investigating consumer complaints does not amount to price control.
The suit stemmed from the Commission’s January 2025 request for information following widespread consumer complaints over significant fare increases on some domestic routes in December 2024.
Air Peace had 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 also sought an order restraining the Commission from conducting such investigations.
However, Justice Nyako rejected the arguments, holding that the FCCPC lawfully exercised its investigative powers under Sections 17, 32 and 33 of the FCCPA. The court found that the Commission merely sought information as part of a fact-finding exercise and did not direct the airline to reduce fares, prescribe pricing formulas or impose price controls.
According to the judgment, accepting Air Peace’s position would prevent the Commission from investigating pricing-related consumer complaints unless the President first activated the Act’s price regulation provisions, an interpretation the court said would undermine the Commission’s statutory responsibilities and could not have been the intention of the legislature.
The ruling follows an earlier judgment delivered in April 2026 by Justice James Omotosho, who also dismissed a similar suit by Air Peace challenging the FCCPC’s authority to investigate consumer complaints and issue summons in the discharge of its statutory duties.
Reacting to the latest judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as a significant judicial affirmation of the Commission’s responsibility to investigate market conduct where consumers or competition may be adversely affected.
Bello said the court had once again clarified that investigating consumer complaints is fundamentally different from regulating prices, noting that the Commission neither sought to fix nor regulate Air Peace’s fares but merely exercised its lawful authority to obtain information as part of an investigation.
He added that an investigation is a fact-finding process and should not be misconstrued as a finding of liability, an enforcement action or an attempt to regulate prices.
According to Bello, the judgment provides important legal clarity on the scope of the FCCPC’s investigative powers while reaffirming that any exercise of statutory price regulation remains subject to the separate legal framework provided under the FCCPA.
He reiterated the Commission’s commitment to carrying out its mandate fairly, transparently and in accordance with the rule of law.
