Court upholds FCCPC’s authority to probe Air Peace ticket pricing dispute

By Abubakar Yunusa

The Federal High Court in Abuja has again affirmed the statutory 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 Limited challenging the Commission’s powers.

In a judgment delivered on June 29, 2026, Justice B.F.M. Nyako ruled that the FCCPC acted within its investigative powers under Sections 17, 32 and 33 of the Federal Competition and Consumer Protection Act (FCCPA), 2018, when it sought information from Air Peace following widespread consumer complaints over significant increases in domestic airfares in December 2024.

The court clarified that the Commission’s authority to investigate pricing complaints is separate from the power to regulate or fix prices. Justice Nyako held that the FCCPC neither directed Air Peace to reduce its fares, prescribed any pricing formula nor declared the airline’s fares unlawful, but merely exercised its lawful powers to obtain information as part of a legitimate investigation.

Air Peace had argued that the Commission lacked the authority to investigate airfare pricing unless the President first invoked the price regulation provisions under the FCCPA. The airline also sought orders restraining the FCCPC from investigating the matter.

However, the court rejected those arguments, ruling that accepting Air Peace’s interpretation would effectively prevent the Commission from investigating consumer complaints relating to pricing unless the President first invoked Section 88 of the FCCPA. The court held that such an interpretation would undermine the Commission’s investigative mandate and could not have been the intention of the legislature.

Justice Nyako’s ruling is consistent with an earlier judgment delivered in April 2026 by Justice James Omotosho, who also dismissed another suit by Air Peace challenging the FCCPC’s powers to investigate consumer complaints and issue summons in the course of its statutory duties.

Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as an important judicial affirmation of the Commission’s statutory responsibility to investigate market conduct where there are reasonable grounds to believe consumers or competition may be adversely affected.

Bello said the judgment reinforces the distinction between investigating consumer complaints and regulating prices, stressing that an investigation is a fact-finding process and not a finding of liability, enforcement action or price regulation.

He added that the ruling provides important judicial clarity on the scope of the Commission’s investigative powers while confirming that statutory price regulation remains governed by a separate legal framework under the FCCPA.

The FCCPC also reaffirmed its commitment to exercising its statutory mandate fairly, transparently and in accordance with the rule of law.