Court Upholds FCCPC’s Powers to Probe Airline Over Airfare Complaints

The Federal High Court in Abuja has affirmed the statutory 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 the powers granted to it under the Federal Competition and Consumer Protection Act (FCCPA) 2018 when it requested information from Air Peace following widespread complaints over sharp increases in domestic airfares in December 2024.

The court ruled that the commission's investigation did not amount to regulating or fixing airline ticket prices, but was a lawful exercise of its investigative mandate.

Air Peace Challenged FCCPC's Powers

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

Air Peace argued that the commission lacked the legal 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 asked the court to declare the investigation unlawful and restrain the FCCPC from taking further action.

However, Justice Nyako rejected the argument, holding that the commission's investigative powers under Sections 17, 32 and 33 of the FCCPA are separate from the law's provisions on price regulation.

Investigation Is Not Price Regulation

In her judgment, the judge emphasised that the FCCPC neither attempted to fix airline fares nor directed Air Peace to reduce its prices.

"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.

Justice Nyako further stated that accepting Air Peace's interpretation would effectively prevent the FCCPC from investigating pricing-related consumer complaints unless the President first activated the Act's price regulation provisions.

According to the court, such an interpretation would undermine the commission's statutory responsibilities and could not have been the intention of the National Assembly when it enacted the law.

Second Court Victory for FCCPC

The latest ruling marks another legal victory for the consumer protection agency.

In April 2026, Justice James Omotosho of the Federal High Court also dismissed a separate suit filed by Air Peace challenging the FCCPC's authority to investigate consumer complaints and issue summonses in the discharge of its statutory duties.

The two judgments collectively reinforce the commission's powers to investigate alleged anti-consumer practices without necessarily exercising price control functions.

FCCPC Welcomes Judgment

Reacting to the decision, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the judgment as an important judicial clarification of the commission's mandate.

He said the ruling reaffirmed the distinction between investigating consumer complaints and regulating prices.

"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.

He noted that the FCCPC merely sought information from Air Peace as part of an inquiry into issues raised by consumers and did not seek to determine what fares the airline should charge.

"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," he added.

Bello stressed that investigations are fact-finding exercises and should not be interpreted as findings of liability or enforcement actions.

According to him, every effective regulator must be able to investigate credible complaints affecting consumers and markets without such inquiries being misconstrued as attempts to regulate prices.

He said the judgment provides greater legal certainty regarding the FCCPC's investigative powers and reaffirmed the commission's commitment to carrying out its responsibilities fairly, transparently and in accordance with the law.