The Federal High Court in Abuja has affirmed the statutory power of the Federal Competition and Consumer Protection Commission, FCCPC, to investigate consumer complaints relating to airline ticket pricing.
In a judgment delivered on June 29, 2026, Justice B.F.M. Nyako dismissed a suit filed by Air Peace Limited challenging the Commission’s authority to investigate allegations of exploitative airfare pricing.
The court held that the FCCPC’s investigative powers under the Federal Competition and Consumer Protection Act, FCCPA, 2018, are distinct from its powers to regulate prices.
According to the judgment, the Commission acted within its legal mandate when it requested information from Air Peace following widespread consumer complaints over sharp increases in domestic airfares in December 2024.
Air Peace had argued that the FCCPC could not investigate airfare pricing unless the President first invoked the price regulation provisions contained in the FCCPA.
The airline sought declarations restraining the Commission from continuing with the investigation.
However, Justice Nyako rejected the argument and held that the FCCPC lawfully exercised its investigative powers under Sections 17, 32 and 33 of the FCCPA.
The court stressed that the Commission did not direct Air Peace to reduce its fares, impose any pricing formula or declare the airline’s ticket prices unlawful.
Justice Nyako held that accepting Air Peace’s interpretation would prevent the FCCPC from investigating consumer complaints involving pricing unless the President first activates the Act’s price regulation provisions.
The court held that such an interpretation would undermine the Commission’s statutory investigative functions and could not have been the intention of the legislature.
The judgment aligns with an earlier ruling delivered in April 2026 by Justice James Omotosho, who also dismissed a separate suit by Air Peace challenging the FCCPC’s authority to investigate consumer complaints and issue summons in the discharge of its statutory responsibilities.
Reacting to the latest judgment, the Executive Vice Chairman and Chief Executive Officer of FCCPC, Tunji Bello, described the decision as a significant judicial affirmation of the Commission’s mandate to investigate market conduct where there are reasonable grounds to believe that consumers or competition may be adversely affected.
In a statement issued by the Commission’s Director of Corporate Affairs, Ondaje Ijagwu, the FCCPC emphasised that 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,” the Commission stated.
The FCCPC added that an investigation is only a fact-finding exercise and should not be interpreted as a finding of liability, an enforcement action or an attempt at price regulation.
It noted that the judgment provides judicial clarity on the scope of its investigative powers while reaffirming that statutory price regulation remains subject to the separate legal framework established 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 development marks another legal victory for the FCCPC in its dispute with Air Peace over the Commission’s oversight powers in the aviation consumer protection space.
Earlier, the Commission had summoned Air Peace over complaints relating to non-refund of ticket fares and cancelled flights, relying on its powers under Sections 32 and 33 of the FCCPA.
In the April judgment, Justice Omotosho held that the FCCPC had power to receive consumer complaints, assess them and take lawful steps, including investigation, where necessary.
With the latest decision by Justice Nyako, the court has again affirmed that the FCCPC may investigate consumer complaints involving airline pricing, provided it does not cross into unlawful price fixing or direct price regulation.
The post “Not Price Regulation” — Court Upholds FCCPC’s Power To Probe Air Peace Ticket Pricing Complaints appeared first on TheNigeriaLawyer.