Court Upholds FCCPC Probe of Airline Ticket Complaints

By Oluwakemi Kindness

The Federal High Court in Abuja has affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints over airline ticket prices, ruling that such investigations do not amount to government regulation of fares.

The FCCPC, in a statement on Friday by Ondaje Ijagwu, Director of Corporate Affairs, Justice B.F.M. Nyako dismissed a suit filed by Air Peace Limited challenging the commission’s power to investigate complaints linked to possible exploitative ticket pricing.

The court held that the FCCPC’s investigative powers under the Federal Competition and Consumer Protection Act (FCCPA), 2018 are separate from the authority to regulate or control prices.

The case followed a request by the FCCPC in January 2025 for information from Air Peace after consumers raised concerns over sharp increases in airfares on some domestic routes in December 2024.

Air Peace had argued that the commission could not investigate airfare pricing unless the President first activated the price regulation provisions of the FCCPA.

However, Justice Nyako rejected the argument, ruling that the FCCPC acted within its legal powers when it sought information as part of a consumer complaint investigation.

The court said the commission did not order Air Peace to reduce fares, set pricing rules, impose prices or declare the airline’s fares unlawful. It described the action as a lawful fact-finding process aimed at addressing consumer concerns.

Justice Nyako said accepting Air Peace’s argument would weaken the commission’s ability to investigate complaints involving pricing issues and would limit its consumer protection role.

The 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 powers.

Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, said the decision reaffirmed the commission’s responsibility to investigate market practices where consumers or competition may be affected.

Bello said investigations are intended to establish facts and do not represent findings of wrongdoing or an attempt to control prices.

He added that the judgment provides clarity on the commission’s role while confirming that any exercise of price regulation powers must follow the separate legal provisions of the FCCPA.

The FCCPC said the commission remains committed to carrying out its mandate fairly, transparently and in line with the rule of law.

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