Court backs FCCPC’s authority to investigate airline ticket price complaints

The Federal High Court in Abuja has reaffirmed the legal authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints concerning airline ticket pricing, dismissing a lawsuit filed by Air Peace against the commission.

In a judgment delivered on June 29, Justice Binta Nyako ruled that the FCCPC acted within the powers granted to it under the Federal Competition and Consumer Protection Act (FCCPA) 2018 when it requested information from Air Peace over complaints of steep increases in domestic airfares in December 2024.

The court held that the commission’s decision to investigate allegations of excessive ticket pricing fell squarely within its consumer protection mandate and did not amount to regulating airline fares.

The suit filed by Air Peace had challenged the FCCPC’s authority to examine its pricing practices, but the court dismissed the claims, affirming that the commission is empowered by law to investigate complaints brought forward by consumers.

The court held that the commission’s investigation was distinct from the exercise of price regulation powers and did not amount to fixing or controlling airfares.

‘FCCPC DID NOT SEEK TO REGULATE AIRFARES’

The dispute arose after the FCCPC requested information from Air Peace in January 2025 following widespread complaints by passengers over fare increases on some domestic routes.

Air Peace argued that the commission lacked the authority to investigate airfare pricing unless the president had first invoked the price regulation provisions contained in Sections 88, 89 and 90 of the FCCPA.

The airline sought declarations restraining the FCCPC from investigating the matter.

However, Nyako rejected the arguments, holding that the commission 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 court held.

Nyako added that accepting Air Peace’s interpretation would effectively prevent the FCCPC from investigating pricing-related consumer complaints unless the president first invoked the price regulation provisions of the law.

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

The judgment follows an earlier ruling delivered in April 2026 by James Omotosho, another judge of the federal high court, who dismissed a separate suit filed by Air Peace challenging the FCCPC’s powers to investigate consumer complaints and issue summonses in the discharge of its statutory mandate.

‘INVESTIGATING CONSUMER COMPLAINTS IS FUNDAMENTAL’

Reacting to the judgment, Tunji Bello, executive vice-chairman (EVC) and chief executive officer (CEO) of the FCCPC, described the decision as a judicial affirmation 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.”

Bello said the ruling provides judicial clarity on the scope of the FCCPC’s investigative powers while reaffirming that the commission would continue to exercise its mandate fairly, transparently and in line with the law.

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