Court backs FCCPC, upholds authority to probe Air Peace over ticket pricing

The federal high court in Abuja has reaffirmed the authority 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 powers.

In a judgment delivered on June 29, 2026, Justice B.F.M. 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 the sharp rise in domestic airfares in December 2024.

The court ruled that the Commission’s power to investigate consumer complaints is distinct from its authority to regulate prices, rejecting Air Peace’s argument that such investigations could only be carried out after presidential approval for price regulation.

Justice Nyako held that the FCCPC lawfully exercised its investigative powers under Sections 17, 32 and 33 of the FCCPA.

The judge further noted that the Commission neither directed Air Peace to reduce its fares nor imposed any pricing formula on the airline.

According to the court, accepting the airline’s argument would effectively prevent the FCCPC from investigating consumer complaints involving pricing unless the President first activated the Act’s price regulation provisions, a position the court said was never intended by the legislature.

The judgment follows an earlier ruling delivered in April 2026 by Justice James Omotosho, who also dismissed a separate suit filed by Air Peace challenging the FCCPC’s authority to investigate consumer complaints and issue summons in the course of its statutory duties.

Reacting to the verdict, Tunji Bello, FCCPC executive vice chairman and chief executive officer, described the judgment as a major judicial affirmation of the Commission’s mandate.

In a statement signed by Ondaje Ijagwu, the FCCPC’s director of corporate affairs, Bello said the ruling reinforces the Commission’s responsibility to investigate market practices where there are reasonable concerns that consumers or competition may be adversely affected.

“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,” the statement said.

The Commission stressed that an investigation is merely a fact-finding exercise and should not be interpreted as a finding of liability, an enforcement action or an attempt to regulate prices.

Bello reiterated the FCCPC’s commitment to discharging its statutory responsibilities fairly, transparently and in accordance with the rule of law.