The Federal High Court in Abuja has reaffirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints relating to airline ticket pricing, handing the Commission another legal victory in its dispute with Air Peace Limited.
In a judgment delivered on June 29, Justice B.F.M. Nyako dismissed a suit filed by Air Peace challenging the FCCPC’s authority to investigate complaints over what consumers alleged were exploitative airfares.
The court held that the Commission acted within its statutory powers under Sections 17, 32 and 33 of the Federal Competition and Consumer Protection Act (FCCPA), 2018, when it sought information from the airline following widespread complaints over significant increases in ticket prices on some domestic routes in December 2024.
Justice Nyako clarified that the FCCPC’s authority to investigate consumer complaints is separate from the power to regulate or fix prices.
The judge ruled that the Commission’s request for information formed part of a lawful investigation and did not amount to exercising price control powers under Sections 88, 89 and 90 of the FCCPA.
According to the court, the FCCPC neither directed Air Peace to reduce its fares nor prescribed a pricing formula or declared the airline’s ticket prices unlawful.
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 sought declarations restraining the FCCPC from investigating the matter.
However, the court rejected the argument, holding that such an interpretation would effectively prevent the Commission from investigating consumer complaints relating to pricing unless the President first activated the price regulation provisions of the Act.
Justice Nyako held that such an interpretation would undermine the Commission’s investigative mandate and could not have been the intention of the legislature.
The latest ruling follows an earlier judgment delivered in April 2026 by Justice James Omotosho, who similarly dismissed another suit by Air Peace challenging the FCCPC’s powers to investigate consumer complaints and issue summons in the discharge of its statutory responsibilities.
Reacting to the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Tunji Bello, in a statement described the decision as a significant judicial affirmation of the Commission’s mandate to investigate market conduct where there are reasonable grounds to believe consumers or competition may be adversely affected.
“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 noted 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.
Bello added that the judgment provides important judicial clarity on the scope of the Commission’s investigative powers while confirming that statutory price regulation remains subject to a separate legal framework under the FCCPA.
He reaffirmed the Commission’s commitment to carrying out its mandate fairly, transparently and in accordance with the rule of law.
