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From Fred Ezeh, Abuja
The Federal High Court in Abuja has reaffirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints over airline ticket pricing.
The ruling marks the second major court victory for the FCCPC over Air Peace this year.
Director, Corporate Affairs, FCCPC, Ondaje Ijagwu, in a statement, on Friday, said the judgment was in response to Air Peace legal challenge against the consumer protection agency.
Justice Binta Nyako, in the judgment dismissed a suit filed by Air Peace Ltd, seeking to stop the Commission from investigating complaints over what consumers described as excessive airfares on some domestic routes.
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The airline argued that the FCCPC lacked the legal authority to investigate airfare pricing unless the president first invoked the price regulation provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
However, the court ruled that the Commission acted within its statutory powers under Sections 17, 32 and 33 of the FCCPA by requesting information from Air Peace following widespread consumer complaints over sharp increases in ticket prices in December 2024.
Justice Nyako held that the Commission’s request for information was part of a lawful investigation and did not amount to price regulation or price control under Sections 88, 89 and 90 of the Act.
According to the judgment, the FCCPC didn’t direct Air Peace to reduce its fares or prescribed a pricing formula, imposed prices or declared the airline’s fares unlawful.
The court further held that accepting Air Peace’s argument would effectively prevent the Commission from investigating complaints involving pricing unless the president had first invoked the Act’s price regulation provisions, a position it said would undermine the Commission’s statutory investigative mandate and could not have been the intention of the legislature.
