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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.
Ondaje Ijagwu, Director, Corporate Affairs, FCCPC, 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 Limited seeking to stop the Commission from investigating complaints over what consumers described as excessive airfares on some domestic routes.
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 neither directed Air Peace to reduce its fares nor 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.
In April 2026, Justice James Omotosho of the Federal High Court similarly dismissed another suit by the airline challenging the Commission’s powers to investigate consumer complaints and issue summons in the discharge of its statutory functions.
That judgment also described Air Peace’s objections as unreasonable, reinforcing the Commission’s authority to investigate alleged anti-consumer practices.
Meanwhile, it was gathered that the latest dispute arose after the FCCPC requested information from Air Peace in January 2025 following widespread public complaints over significant increases in airfares on certain domestic routes during the 2024 festive season.
Reacting to the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Mr. Tunji Bello, described the decision as a significant judicial affirmation of the Commission’s responsibility to protect consumers and ensure fair market practices.
He said the judgment clearly distinguished between investigating consumer complaints and regulating prices. “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.
“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,” Bello said.
He stressed 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.
According to him, the ruling provides much-needed judicial clarity on the Commission’s investigative powers while reaffirming that the authority to regulate prices remains subject to a separate legal framework under the FCCPA.
Bello reiterated the Commission’s commitment to carrying out its statutory responsibilities fairly, transparently and in accordance with the rule of law.
The judgment is expected to strengthen the FCCPC’s oversight of consumer protection matters in the aviation sector and reinforce its powers to investigate complaints relating to pricing practices without necessarily imposing price controls.
