By Peace Udugba
The Federal High Court in Abuja has dismissed a fresh suit filed by Air Peace Limited challenging the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints over airline ticket prices.
In a judgment delivered by Justice B.F.M. Nyako, the court held that the FCCPC acted within its statutory powers when it requested information from Air Peace following complaints by passengers over the sharp increase in domestic airfares in December 2024.
Justice Nyako ruled that the commission’s action constituted an investigation and not an attempt to regulate or fix airline ticket prices.
The court held that Sections 17, 32 and 33 of the Federal Competition and Consumer Protection Act (FCCPA) 2018 empower the FCCPC to obtain information and investigate where there are indications of consumer harm or unfair market practices.
“The Commission did not fix fares. It did not order a reduction. It did not declare Air Peace’s pricing illegal. It simply requested records as part of an inquiry, which is permitted under the law,” the judge held.
Air Peace had argued that the FCCPC lacked the authority to investigate its pricing without the President first activating the price-control provisions contained in Section 88 of the FCCPA.
However, Justice Nyako rejected the argument, stating that such an interpretation would unnecessarily restrict the commission’s investigative powers and undermine its mandate to protect consumers.
The court noted that requiring presidential approval before the FCCPC could investigate pricing-related complaints would prevent the commission from carrying out one of its core statutory responsibilities.
The judgment aligns with an earlier ruling delivered in April 2026 by Justice James Omotosho, who similarly dismissed a suit filed by Air Peace challenging the FCCPC’s powers to request documents and summon parties during investigations.
Reacting to the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Tunji Bello, described the ruling as a significant affirmation of the commission’s consumer protection mandate.
According to Bello, the judgment clearly distinguishes between conducting investigations and regulating prices.
“This judgment draws a clear line between fact-finding and price fixing. An investigation is about gathering facts. It is neither a punishment nor an attempt to regulate prices, which is governed by a different provision of the law,” he said.
He assured that the commission would continue to discharge its responsibilities transparently and in accordance with the law, stressing that enforcement actions would only be taken where there is credible evidence that consumers or competition have been adversely affected.
The FCCPC reiterated its commitment to promoting fairness, transparency and healthy competition in the Nigerian marketplace, while urging businesses to cooperate with lawful investigations and consumer protection initiatives.
