The Federal High Court in Abuja has, for the second time, affirmed the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints over airline ticket pricing, dismissing a suit filed by Air Peace Limited challenging the Commission's authority.
Delivering judgment on June 29, 2026, Justice B.F.M. Nyako held that the FCCPC acted within the provisions of the Federal Competition and Consumer Protection Act (FCCPA), 2018, when it investigated allegations of exploitative airfare pricing. The court emphasized that the Commission's investigative powers are distinct from its authority to regulate prices.
The case arose after the FCCPC requested information from Air Peace following widespread public complaints over the sharp increase in domestic airfares during the 2024 festive season.
Air Peace had argued that the Commission lacked the legal authority to investigate airline fares unless the President first activated the price regulation provisions of the FCCPA. The airline consequently sought declarations restraining the FCCPC from carrying out such investigations.
However, Justice Nyako dismissed the claims, ruling that the Commission lawfully exercised its investigative powers under Sections 17, 32, and 33 of the FCCPA.
The judge noted that the FCCPC neither directed Air Peace to reduce its ticket prices nor imposed any pricing formula or declared the airline's fares unlawful. Rather, the Commission merely sought information to determine whether consumers' rights had been infringed.
Justice Nyako further held that accepting Air Peace's argument would effectively prevent the FCCPC from investigating complaints involving pricing unless the President first invoked the Act's price regulation provisions—a position the court described as contrary to the intention of the legislature.
According to the court, such an interpretation would severely undermine the Commission's statutory responsibility to investigate consumer complaints and promote fair competition.
The ruling reinforces an earlier judgment delivered in April 2026 by Justice James Omotosho, who also dismissed a separate suit filed by Air Peace challenging the FCCPC's authority to investigate consumer complaints and issue summons in the exercise of its statutory functions.
Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as another significant judicial endorsement of the Commission's mandate to investigate market conduct whenever there are reasonable grounds to believe that consumers or competition may be adversely affected.
In a statement signed by the FCCPC's Director of Corporate Affairs, Ondaje Ijagwu, the Commission stressed 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 statement said.
The Commission explained that an investigation is a fact-finding exercise and should not be misconstrued as a finding of liability, an enforcement action, or an attempt to impose price controls.
It added that the judgment provides important judicial clarity on the scope of the FCCPC's investigative powers while reaffirming that statutory price regulation remains governed by separate provisions under the FCCPA.
Bello reaffirmed the Commission's commitment to discharging its statutory responsibilities fairly, transparently, and in full compliance with the rule of law.
