Court Upholds FCCPC’s Authority to Probe Airline Fare Complaints, Dismisses Air Peace Suit

The Federal High Court in Abuja has affirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints relating to airline ticket pricing, dismissing a suit filed by Air Peace challenging the commission’s authority.

In a judgment delivered on June 29, Justice Binta Nyako held that the FCCPC acted within its statutory mandate under the Federal Competition and Consumer Protection Act (FCCPA) 2018 when it requested information from Air Peace following complaints over sharp increases in domestic airfares in December 2024.

The court ruled that the commission’s inquiry was an investigative exercise and did not amount to regulating or fixing airline ticket prices.

The dispute arose after the FCCPC sought information from Air Peace in January 2025 following widespread passenger complaints about fare increases on some domestic routes.

Air Peace had argued that the commission lacked the authority to investigate airfare pricing unless the President first invoked the price regulation provisions contained in Sections 88, 89 and 90 of the FCCPA. The airline sought court orders restraining the commission from probing the matter.

However, Justice Nyako rejected the airline’s arguments, holding that the FCCPC acted within its investigative powers under Sections 17, 32 and 33 of the Act.

“The Commission did not direct Air Peace to reduce its fares, prescribe a pricing formula, impose any price or declare the airline’s fares unlawful,” the judge held.

The court further stated that accepting Air Peace’s interpretation would significantly weaken the commission’s ability to investigate consumer complaints related to pricing.

“Such an interpretation would undermine the Commission’s investigative powers whenever pricing complaints arose and could not have been the intention of the legislature,” Nyako said.

The ruling follows an earlier judgment delivered in April 2026 by Justice James Omotosho, who dismissed a separate suit filed by Air Peace challenging the FCCPC’s authority to investigate consumer complaints and issue summonses in the course of carrying out its statutory functions.

Reacting to the latest judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, , described the decision as a significant judicial endorsement of the commission’s mandate.

“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,” 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.

“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.”

According to Bello, the judgment provides further clarity on the scope of the FCCPC’s investigative powers and reinforces the commission’s ability to protect consumers while ensuring fair competition across markets.

The ruling is expected to strengthen regulatory oversight in Nigeria’s aviation sector by reaffirming the FCCPC’s authority to investigate consumer-related complaints, including concerns over pricing practices, without necessarily exercising price control powers.