Court Backs FCCPC’s Power to Probe Air Peace Ticket Prices

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

The ruling marks the second court victory for the consumer protection agency this year in its legal battle with the airline over its statutory powers to investigate consumer complaints.

Justice B.F.M. Nyako, in a judgment delivered on June 29, held that the Commission acted within its powers under the Federal Competition and Consumer Protection Act (FCCPA) when it requested information from Air Peace following widespread complaints over sharp increases in airfares on some domestic routes in December 2024.

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

According to the Commission, the court distinguished between investigating consumer complaints and regulating prices, ruling that the FCCPC’s inquiry did not amount to imposing price controls on the airline.

Air Peace had approached the court after the Commission sought information from the airline in January 2025 in response to complaints from passengers over airfare increases. The airline argued that the FCCPC lacked the authority to investigate ticket pricing unless the President had first invoked the price regulation provisions of the FCCPA.

It asked the court to declare that the Commission had no jurisdiction to investigate the matter and sought an order restraining it from doing so.

However, Justice Nyako rejected the arguments, holding that the Commission lawfully exercised its investigative powers under Sections 17, 32 and 33 of the FCCPA.

The court further ruled that the FCCPC neither directed the airline to reduce its fares nor prescribed any pricing formula or declared the ticket prices unlawful.

According to the judgment, accepting Air Peace’s interpretation would prevent the Commission from investigating pricing complaints unless the President first activated the Act’s price regulation provisions, a position the court said would undermine the Commission’s statutory responsibilities.

The latest decision follows an earlier judgment delivered in April 2026 by Justice James Omotosho, who also dismissed a separate suit filed by Air Peace challenging the Commission’s authority to investigate consumer complaints and issue summons in the course of carrying out its mandate.

Reacting to the latest judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Mr. Tunji Bello, described the ruling as a significant affirmation of the Commission’s responsibility to protect consumers.

“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. 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,” Bello said.

He stressed that an investigation should not be mistaken for a finding of wrongdoing.

“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,” he added.

Bello said the judgment provides much-needed judicial clarity on the scope of the Commission’s investigative powers while reaffirming that statutory price regulation remains subject to a separate legal framework under the FCCPA.

He reiterated the Commission’s commitment to carrying out its mandate fairly, transparently and in accordance with the rule of law.