From Atiku Sarki, Abuja
The Federal High Court in Abuja has affirmed the authority 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.
The court dismissed a suit filed by Air Peace Limited challenging the Commission’s power to investigate complaints over alleged exploitative airfare increases.
Delivering judgment on June 29, Justice B.F.M. Nyako held that the investigative powers granted to the FCCPC under the Federal Competition and Consumer Protection Act (FCCPA) 2018 are separate from the exercise of statutory price control powers.
In a statement issued in Abuja by the Commission’s Director of Corporate Affairs, Ondaje Ijagwu, the FCCPC said the judgment followed a legal challenge by Air Peace after the Commission requested information from the airline in January 2025 over widespread complaints concerning sharp increases in fares on some domestic routes in December 2024.
Air Peace had argued that the FCCPC lacked the authority to investigate airfare pricing unless the President first activated the price regulation provisions of the FCCPA.
The airline consequently sought declarations restraining the Commission from investigating the matter.
However, Justice Nyako rejected the arguments, ruling that the FCCPC acted within its lawful powers under Sections 17, 32 and 33 of the FCCPA when it requested information from the airline.
The court held that the Commission’s action was part of a legitimate fact-finding process and did not constitute price regulation under Sections 88, 89 and 90 of the Act.
According to the court, the FCCPC neither directed Air Peace to reduce its fares, imposed a pricing structure, nor declared the airline’s ticket prices unlawful.
Justice Nyako further ruled that accepting Air Peace’s argument would restrict the Commission from investigating genuine consumer complaints involving pricing issues unless the President had first invoked price regulation powers, a situation she said was not the intention of the law.
The latest ruling follows an earlier decision in April 2026 by Justice James Omotosho, who also dismissed a similar challenge by Air Peace against the FCCPC’s investigative authority.
Reacting to the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Mr. Tunji Bello, described the decision as a significant affirmation of the Commission’s responsibility to investigate market practices where consumers or competition may be affected.
Bello said the FCCPC did not attempt to fix or regulate Air Peace fares but only exercised its legal mandate to obtain information as part of an investigation into consumer concerns.
“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,” he stated.
He added that the judgment provides clarity on the scope of the Commission’s investigative powers while confirming that price regulation remains subject to a separate legal framework under the FCCPA.
The FCCPC chief executive reaffirmed the Commission’s commitment to carrying out its duties fairly, transparently and in line with the rule of law.
