Again, FCCPC floors Air Peace as court affirms authority to probe ticket pricing

The Federal High Court in Abuja has upheld the statutory authority of the Federal Competition and Consumer Protection Commission, FCCPC, to investigate consumer complaints relating to airline ticket pricing, affirming 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, which challenged the Commission’s authority to investigate allegations of exploitative airfare pricing.

The court ruled that the FCCPC’s investigative powers under the Federal Competition and Consumer Protection Act, FCCPA, 2018, are separate 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 conducting such investigations.

However, Justice Nyako rejected the airline’s arguments, holding that the Commission lawfully exercised its investigative powers under Sections 17, 32 and 33 of the FCCPA.

The court stressed that the FCCPC neither directed Air Peace to reduce its fares nor imposed any pricing formula or declared the airline’s ticket prices unlawful.

The judge 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.

Such an interpretation, the court said, would undermine the Commission’s statutory investigative functions and could not have been the intention of the legislature.

The ruling aligns with an earlier judgment delivered in April 2026 by Justice James Omotosho, who also dismissed a separate suit 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 latest judgment, 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.