FCCPC floors Air Peace as Court upholds authority to probe airline fare 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, ruling that such investigations do not amount to price regulation.

In a judgment delivered on June 29, 2026, Justice B.F.M. Nyako dismissed a suit filed by Air Peace Limited challenging the Commission’s authority to investigate allegations of exploitative airfare pricing.

The court held that the FCCPC acted within the powers conferred on it by the Federal Competition and Consumer Protection Act (FCCPA), 2018, when it requested information from the airline following widespread consumer complaints over sharp increases in domestic airfares in December 2024.

Justice Nyako clarified that the Commission’s powers to investigate consumer complaints under Sections 17, 32 and 33 of the FCCPA are distinct from its powers to regulate prices under Sections 88, 89 and 90 of the Act.

According to the court, the Commission merely sought information as part of a lawful fact-finding exercise and did not attempt to fix, regulate or control Air Peace’s ticket prices.

The judge noted that the FCCPC neither directed the airline to reduce its fares nor imposed any pricing formula or declared the fares unlawful.

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Air Peace had argued that the Commission lacked the authority to investigate airfare pricing unless the President of the Federal Republic of Nigeria had first invoked the price regulation provisions of the FCCPA. The airline consequently sought declarations restraining the Commission from carrying out the investigation.

However, Justice Nyako rejected the argument, holding that accepting the airline’s interpretation would effectively prevent the FCCPC from investigating any consumer complaints relating to pricing unless the President first activated the Act’s price control provisions.

The court ruled that such an interpretation would undermine the Commission’s statutory investigative responsibilities and could not have been the intention of the legislature.

The latest judgment reinforces an earlier ruling delivered in April 2026 by Justice James Omotosho in a separate suit filed by Air Peace. In that case, the court also dismissed the airline’s challenge to the FCCPC’s authority to investigate consumer complaints and issue summons in the discharge of its statutory mandate, describing the airline’s position as unreasonable.

The dispute arose after the FCCPC, in January 2025, requested information from Air Peace following numerous complaints from passengers over significant increases in ticket prices on some domestic routes during the 2024 festive season.

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 judicial affirmation of the Commission’s statutory mandate to investigate market conduct where there are reasonable grounds to believe consumers or competition may be adversely affected.

Bello said the court had once again clarified 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. 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 said.

He explained that an investigation is merely a fact-finding process and should not be misconstrued as a finding of liability, an enforcement action or an attempt to impose price controls.

According to him, the judgment provides much-needed legal clarity on the Commission’s investigative powers while reaffirming that the exercise of statutory price regulation remains subject to a separate legal framework under the FCCPA.

Bello also reiterated the Commission’s commitment to carrying out its responsibilities fairly, transparently and in strict compliance with the rule of law, while ensuring the protection of consumers and promoting healthy competition across Nigerian markets.