Court backs FCCPC probe of Airline fare complaints

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The Federal High Court in Abuja has upheld the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints over airline ticket pricing, ruling that the agency’s investigative authority is separate from its statutory power to regulate or fix prices.

The judgment marks a legal victory for the FCCPC in its dispute with Air Peace Limited, which had challenged the commission’s authority to investigate complaints relating to increases in its airfares.

The development was disclosed in a statement issued on Friday by the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu.

According to the commission, Justice B.F.M. Nyako, in a judgment delivered on June 29, dismissed Air Peace’s suit challenging the agency’s authority to investigate allegations of exploitative airfare pricing.

The ruling follows an earlier decision delivered in April 2026 by Justice James Omotosho, who also dismissed a separate suit filed by Air Peace questioning the FCCPC’s powers to investigate consumer complaints and issue summons.

The latest case arose after the commission requested information from Air Peace in January 2025 following widespread complaints over sharp increases in ticket prices on some domestic routes during the 2024 Christmas travel season.

Air Peace had argued that the FCCPC lacked the legal authority to investigate airfare pricing unless the President first activated the price regulation provisions of the Federal Competition and Consumer Protection Act, 2018.

However, Justice Nyako ruled that the commission acted within its statutory powers under Sections 17, 32 and 33 of the Act when it sought information from the airline in response to consumer complaints.

The court held that the FCCPC’s request was part of a lawful fact-finding exercise and did not amount to price regulation under Sections 88, 89 and 90 of the Act.

It further noted that the commission neither directed Air Peace to reduce its fares nor prescribed ticket prices or declared the airline’s pricing unlawful.

Justice Nyako added that accepting the airline’s interpretation of the law would effectively prevent the FCCPC from investigating pricing complaints unless the President had first invoked the Act’s price regulation provisions, a position the court said would undermine the commission’s statutory mandate.

Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as another judicial affirmation of the commission’s responsibility to protect consumers and promote fair competition.

He stressed that an investigation is a fact-finding process and should not be interpreted as a finding of liability, an enforcement action or an attempt to regulate prices.

Bello reaffirmed the FCCPC’s commitment to carrying out its statutory responsibilities fairly, transparently and in accordance with the law.

The dispute stemmed from complaints by air travellers over sharp increases in domestic airfares during the 2024 festive travel period, which prompted the commission to seek information from Air Peace as part of its investigation.