The Federal High Court in Abuja has upheld the statutory powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints concerning airline ticket pricing, dismissing a suit filed by Air Peace Limited challenging the commission’s authority.
In a judgment delivered on June 29, Justice Binta Nyako ruled that the FCCPC acted within its legal mandate under the Federal Competition and Consumer Protection Act (FCCPA) 2018 when it requested information from Air Peace over widespread complaints of sharp increases in domestic airfares in December 2024.
The court clarified that the commission’s authority to investigate consumer complaints is separate from its power to regulate prices, rejecting Air Peace’s argument that the FCCPC could only investigate airfare pricing after the President invoked the price regulation provisions of the FCCPA.
Justice Nyako held that the commission’s actions fell within its investigative powers under Sections 17, 32 and 33 of the Act, stressing that requesting information from the airline did not amount to fixing, controlling or regulating ticket prices.
The judge noted that the FCCPC neither directed Air Peace to reduce its fares nor imposed a pricing formula or declared the airline’s fares unlawful. According to the court, accepting the airline’s interpretation would prevent the commission from investigating pricing-related consumer complaints unless the President first exercised powers under Section 88 of the FCCPA—a position the court said would undermine the agency’s statutory responsibilities.
The ruling reinforces an earlier judgment 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 course of its regulatory duties.
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 mandate to investigate market practices where consumers or competition may be adversely affected.
Bello emphasized that conducting investigations is fundamentally different from regulating prices, noting that the commission’s inquiry into Air Peace’s airfare increases was strictly a fact-finding exercise and not an enforcement action or a determination of liability.
He added that the judgment provides much-needed legal clarity on the scope of the FCCPC’s investigative powers while reaffirming that any exercise of statutory price regulation remains subject to the separate legal framework established under the FCCPA.
The FCCPC reiterated its commitment to carrying out its consumer protection mandate fairly, transparently and in accordance with the rule of law.
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