The Federal High Court in Abuja has affirmed the statutory 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.
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’s investigative powers under the Federal Competition and Consumer Protection Act, FCCPA, 2018, are distinct from its powers to regulate prices.
According to the judgment, the Commission acted within its legal mandate when it requested information from Air Peace following widespread consumer complaints over sharp increases in domestic airfares in December 2024.
Air Peace had argued that the FCCPC could not investigate airfare pricing unless the President first invoked the price regulation provisions contained in the FCCPA. The airline sought declarations restraining the Commission from carrying out such investigations.
However, Justice Nyako rejected the airline’s arguments, ruling that the Commission lawfully exercised its investigative powers under Sections 17, 32 and 33 of the FCCPA.
The court noted that the FCCPC neither directed Air Peace to reduce its fares nor imposed any pricing formula or declared the airline’s ticket prices unlawful.
Justice Nyako further held that accepting Air Peace’s interpretation would effectively prevent the Commission from investigating consumer complaints involving pricing unless the President first activated the Act’s price regulation provisions.
The court stated that such an interpretation would undermine the Commission’s statutory investigative responsibilities and could not have been the intention of the legislature.
The judgment aligns with 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 discharge of its statutory responsibilities.
Reacting to the ruling, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as a significant judicial affirmation of the Commission’s mandate to investigate market conduct where there are reasonable grounds to believe that consumers or competition may be adversely affected.
In a statement issued by the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, the Commission emphasized that 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,” the statement read.
The Commission added 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 at price regulation.
It noted that the judgment provides important judicial clarity on the scope of the Commission’s investigative powers while reaffirming that statutory price regulation remains subject to the separate legal framework established under the FCCPA.
Bello reiterated the FCCPC’s commitment to carrying out its statutory responsibilities fairly, transparently and in accordance with the rule of law.
