COURT AFFIRMS FCCPC’S AUTHORITY TO INVESTIGATE AIRFARE PRICING COMPLAINTS
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By; Sunmola Ganiyat
The Federal High Court in Abuja has upheld the authority of the Federal Competition and Consumer Protection Commission to investigate consumer complaints relating to airline ticket pricing, ruling that its investigative powers are separate from the authority to regulate or fix prices.
The judgment represents a significant legal victory for the FCCPC in its dispute with Air Peace Limited, which challenged the commission’s authority to probe complaints over increases in airfares.
According to a statement issued by FCCPC Director of Corporate Affairs, Ondaje Ijagwu, Justice B.F.M. Nyako dismissed Air Peace’s suit and affirmed the commission’s statutory powers under the Federal Competition and Consumer Protection Act.
The case arose after the FCCPC sought information from Air Peace in January 2025 following widespread complaints from passengers over sharp increases in ticket prices on some domestic routes during the 2024 Christmas travel season.
Air Peace argued that the commission lacked the legal authority to investigate airfare pricing unless the President first activated the price-control provisions contained in the FCCPA.
However, the court rejected the airline’s position, holding that the FCCPC acted within its legal mandate when it requested information as part of a fact-finding exercise prompted by consumer complaints.
Justice Nyako ruled that the commission’s actions did not amount to price regulation, noting that the FCCPC neither ordered the airline to reduce fares nor imposed any pricing formula or fare structure.
The court further held that accepting Air Peace’s interpretation of the law would severely limit the commission’s ability to investigate complaints relating to pricing and undermine its statutory consumer-protection responsibilities.
The ruling follows an earlier judgment delivered by Justice James Omotosho in April 2026, which also dismissed a separate suit filed by Air Peace challenging the FCCPC’s investigative and summons powers.
Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as a strong judicial endorsement of the commission’s role in protecting consumers and promoting fair competition.
Bello stressed that investigations are merely fact-finding processes and should not be mistaken for findings of liability, enforcement actions or attempts at price regulation.
The FCCPC reiterated its commitment to carrying out its statutory duties in accordance with the law, while continuing to investigate complaints across sectors including aviation, telecommunications, digital services, consumer goods and financial services.
The dispute stemmed from complaints by air travellers over significant increases in domestic airfares during the peak travel period of December 2024, prompting the commission to launch an inquiry into the matter.
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