Bukola Afeni
The Federal High Court in Abuja has reaffirmed the statutory authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints over airline ticket pricing, dismissing a suit filed by Air Peace challenging the Commission’s powers.
This was disclosed in a press statement signed by the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, on Friday.
Justice B.F.M. Nyako, in a judgment delivered on June 29, held that the Commission acted within its investigative powers under the Federal Competition and Consumer Protection Act (FCCPA), 2018, when it sought information from Air Peace following complaints over significant increases in domestic airfares in December 2024.
The court ruled that the FCCPC’s authority to investigate consumer complaints is separate from its power to regulate prices, stressing that requesting information during an investigation does not amount to fixing or controlling prices.
Air Peace had argued that the Commission lacked the authority to investigate airfare pricing unless the President had first invoked the price regulation provisions of the FCCPA. The airline also sought an order restraining the Commission from carrying out such investigations.
However, Justice Nyako rejected the arguments, holding that the Commission’s actions were lawful and fell within its investigative mandate under Sections 17, 32 and 33 of the FCCPA.
The judge further held that accepting Air Peace’s interpretation would prevent the Commission from investigating consumer pricing complaints unless the President invoked Section 88 of the Act, a position the court said would undermine the legislature’s intent.
The judgment follows an earlier ruling in April 2026 by Justice James Omotosho, who also dismissed a similar suit filed by Air Peace challenging the Commission’s powers to investigate consumer complaints and issue summons.
Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as a significant judicial affirmation of the Commission’s statutory responsibility.
“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 added that investigations are fact-finding processes and should not be misconstrued as findings of liability, enforcement action or price regulation.
Bello said the judgment provides legal clarity on the scope of the Commission’s investigative powers while reaffirming its commitment to carrying out its mandate fairly, transparently and in accordance with the rule of law.
