.Says seeking information in response to consumer complaints does not amount to price control
James Emejo in Abuja
The Federal High Court in Abuja has again affirmed the powers 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 authority.
In a judgement delivered on June 29, Justice B.F.M. Nyako held that the FCCPC acted within the powers conferred on it under the Federal Competition and Consumer Protection Act (FCCPA) 2018 when it sought information from Air Peace following widespread complaints over sharp increases in domestic airfares.
The court ruled that the commission’s investigative mandate is separate from its statutory powers to regulate prices, stressing that seeking information in response to consumer complaints does not amount to price control.
The latest verdict marks the second judicial setback for Air Peace in its legal challenge against the consumer protection agency.
Earlier in April, Justice James Omotosho had dismissed a similar suit by the airline, describing as unreasonable its argument that the FCCPC lacked powers to investigate consumer complaints or issue summons in the discharge of its statutory responsibilities.
The latest suit stemmed from the commission’s January 2025 request for information after passengers complained of significant increases in ticket prices on some domestic routes during the 2024 Christmas season.
Air Peace had argued that the FCCPC could not investigate airfare pricing unless the President first invoked the price regulation provisions contained in Sections 88 to 90 of the FCCPA.
The airline consequently sought court orders restraining the commission from probing the matter.
However, Justice Nyako rejected the argument, holding that the commission lawfully exercised its investigative powers under Sections 17, 32 and 33 of the Act.
The court held that requesting information from the airline formed part of a legitimate fact-finding process and did not amount to fixing fares, prescribing a pricing formula, compelling a fare reduction or declaring the airline’s ticket prices unlawful.
Justice Nyako further ruled that accepting Air Peace’s interpretation would effectively strip the commission of its ability to investigate pricing-related complaints unless the President first invoked the Act’s price regulation provisions.
According to the court, such an interpretation would undermine the commission’s statutory investigative mandate and could not have been the intention of the legislature.
Reacting to the judgement, Executive Vice Chairman/Chief Executive, FCCPC, Mr. Tunji Bello, described the ruling as another important judicial affirmation of the commission’s responsibility to investigate market conduct where there are reasonable grounds to believe that consumers or competition may be adversely affected.
He said the judgement clearly distinguished between investigating complaints and regulating prices.
In a statement issued by FCCPC Director, Corporate Affairs, Mr. Ondaje ljagwu, 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 added that an investigation is merely a fact-finding exercise and should not be misconstrued as a finding of liability, an enforcement action or an attempt to regulate prices.
“An investigation is a fact-finding process. It is neither a finding of liability nor an enforcement action. Every responsible regulator must be able to inquire into credible complaints affecting consumers and markets without those inquiries being misconstrued as findings of liability, enforcement action or price regulation,” added.
According to him, the judgement provides much-needed judicial clarity on the scope of the commission’s investigative powers while reaffirming that statutory price regulation remains subject to the separate legal framework established under the FCCPA.
Bello also reaffirmed the commission’s commitment to carrying out its statutory responsibilities fairly, transparently and in accordance with the rule of law.
