The Federal High Court in Abuja has upheld the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints concerning airline ticket prices, ruling that the agency’s investigative powers are separate from the power to regulate or determine prices.
The judgment represents a major win for the consumer protection agency in its legal dispute with Air Peace Limited, which had challenged the FCCPC’s right to investigate complaints linked to alleged excessive airfare increases.
The development was announced in a statement issued on Friday by the FCCPC Director of Corporate Affairs, Ondaje Ijagwu.
According to the Commission, Justice B.F.M. Nyako dismissed Air Peace’s suit challenging the agency’s powers to investigate complaints regarding alleged exploitative ticket pricing in a judgment delivered on June 29.
The ruling followed an earlier decision in April 2026 by Justice James Omotosho, who also rejected a separate case filed by Air Peace questioning the FCCPC’s authority to investigate consumer complaints and issue summons while carrying out its statutory duties.
The Commission stated, “The Abuja Federal High Court has affirmed the statutory authority of the Federal Competition and Consumer Protection Commission to investigate consumer complaints relating to pricing of airline tickets.
The court clarified that the Commission’s investigative powers under the Federal Competition and Consumer Protection Act (FCCPA, 2018) are distinct from the exercise of a power to regulate price.”
The legal dispute began in 2025 after the FCCPC requested information from Air Peace in January 2025 following complaints from passengers over significant increases in domestic airfares during the 2024 Christmas travel period.
Air Peace had argued that the FCCPC lacked the legal backing to examine airfare pricing unless the President first activated provisions of the FCCPA relating to price regulation.
The airline subsequently asked the court to declare that the Commission had no authority to investigate ticket pricing and sought an order permanently stopping the agency from conducting such inquiries.
However, Justice Nyako dismissed the airline’s arguments, ruling that the FCCPC acted within the powers granted to it under Sections 17, 32 and 33 of the Federal Competition and Consumer Protection Act when it requested information from Air Peace in response to consumer complaints.
The court held that the Commission’s action was part of a legitimate fact-finding process and did not amount to fixing prices or exercising price control powers contained in Sections 88, 89 and 90 of the Act.
Justice Nyako noted that the FCCPC did not instruct Air Peace to reduce its fares, set ticket prices, introduce a pricing formula, or declare the airline’s charges unlawful.
The court further stated that adopting Air Peace’s interpretation of the law would limit the Commission’s ability to investigate consumer complaints involving pricing issues unless the President had first activated price regulation provisions under the Act.
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According to the judgment, such an interpretation would weaken the FCCPC’s investigative responsibilities and could not have been the intention of lawmakers when the legislation was enacted.
Reacting to the ruling, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the judgment as another confirmation of the Commission’s role in protecting consumers and ensuring fair competition.
“The Court has again affirmed an important principle under the Federal Competition and Consumer Protection Act. 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.
“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 without those inquiries being misconstrued as findings of liability, enforcement action or price regulation,” he said.
Bello reaffirmed the Commission’s commitment to carrying out its duties fairly, transparently and in line with the rule of law.
In recent years, the FCCPC has increased investigations into consumer-related issues across sectors such as aviation, telecommunications, digital services, consumer products and financial services.
The Commission was also recently directed by President Bola Tinubu to investigate major global technology companies and Generative Artificial Intelligence platforms over allegations of anti-competitive practices and unauthorised use of content belonging to Nigerian media organisations.
The FCCPC has maintained that its responsibility is to protect consumers from unfair market practices, encourage competition and investigate complaints where there are reasonable grounds to believe that consumers or markets may be affected.
The dispute involving Air Peace followed complaints by air travellers over sharp increases in domestic ticket prices during the December 2024 peak travel season, leading the Commission to request information from the airline as part of its investigation.