Court Dismisses Air Peace’s Attempt to Block FCCPC Investigation
A Federal High Court in Abuja has ruled against Air Peace Limited in a suit aimed at preventing the Federal Competition and Consumer Protection Commission (FCCPC) from issuing subpoenas related to numerous passenger complaints. The complaints raised concerns about unrefunded ticket fares and cancelled flights.
Judge James Omotosho found the case lacking merit, stating that Air Peace had attempted to leverage the courts to shield itself from legitimate regulatory scrutiny.
In his ruling, Judge Omotosho referred to Section 148 of the FCCPC Act, which validates the Commission’s authority to manage consumer complaints. He noted that, upon receiving a complaint, the FCCPC can choose to issue a non-referral notice if the complaint is deemed frivolous or vexatious.
The judge emphasized that the Commission possesses the discretion to refer complaints to relevant industry regulators or direct inspectors to conduct thorough investigations. He asserted that under the law, the FCCPC is empowered to initiate its own inquiries without external constraints.
He firmly stated that the FCCPC has the right to investigate consumer complaints and dismissed the Air Peace lawsuit as baseless. The court also refuted the airline’s claim that it was denied due process because the FCCPC had not disclosed the identity of the complainants.
According to Judge Omotosho, the Commission issued several subpoenas to the airline, but Air Peace’s initial insistence on disclosing the complainants was premature. He argued that the lawsuit seemed intended to obstruct investigations into consumer complaints.
Background of the Dispute
The conflict began in late 2024 when the FCCPC started receiving multiple complaints from passengers against Air Peace Limited. These complaints primarily involved the non-payment of ticket fares and issues with flight cancellations.
The Commission indicated that it had initiated preliminary discussions with airlines as part of its regulatory duties. However, Air Peace contested this, maintaining that aviation matters fall under the jurisdiction of the Nigerian Civil Aviation Authority and asserting that investigations should not proceed without revealing complainant identities.
The situation intensified when the FCCPC publicly addressed consumer complaints and criticized Air Peace’s pricing practices. Minister of Aviation and Aerospace Development Festus Keyamo also weighed in, calling for better regulatory coordination within the aviation sector.
Legal Proceedings
In June 2025, the FCCPC formally summoned Air Peace to its Abuja headquarters in response to an influx of consumer complaints. The Commission highlighted that failure to comply with this summons could lead to penalties, including fines or imprisonment in accordance with Article 33(3) of the FCCPC Act.
Air Peace countered in 2025 by filing a lawsuit that alleged the FCCPC had unlawfully initiated an investigation without adhering to the requirements of Section 148 of the FCCPC Act. The airline sought to restrain the Commission from proceeding with its investigation, arguing that it lacked the authority to do so without prior referrals to relevant authorities.
Air Peace also argued for the disclosure of complainants’ identities, insisting that information is crucial for any inquiries regarding customer concerns over ticket pricing and flight cancellations. The FCCPC, in turn, maintained that it was operating within its statutory powers, leading the court to dismiss the airline’s case.
Consumers, as outlined in Section 130 of the FCCPC Act, have the right to timely refunds when services are not delivered as promised. Should a flight be cancelled, customers may seek a proportional refund, reinforcing the importance of accountability in consumer protection within the aviation sector.
