Court Upholds FCCPC’s Authority in Airline Ticket Pricing Investigation
A Federal High Court in Abuja has reaffirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints regarding airline ticket pricing, dismissing a lawsuit from Air Peace that challenged this authority.
The FCCPC made the announcement on Friday, noting that the ruling was delivered by Justice BFM Nyako on June 29.
The case arose from a request for information the FCCPC made to Air Peace in January 2025, following a surge in passenger complaints about substantial fare increases for domestic flights in December 2024.
Air Peace contended that the FCCPC lacked the authority to investigate ticket pricing unless the President invoked the price regulation provisions outlined in the Federal Competition and Consumer Protection Act (FCCPA) of 2018.
The airline sought a court declaration asserting that the commission could not proceed with its investigation and requested an injunction to halt the inquiry.
However, Judge Nyako dismissed Air Peace’s claims, affirming that the FCCPC was acting within its statutory powers in requesting information from airlines based on consumer complaints. The court determined that these actions constituted a legitimate investigation under Articles 17, 32, and 33 of the FCCPA, distinguishing them from price regulation activities mentioned in Articles 88, 89, and 90 of the same law.
Previous Rulings Reinforce FCCPC’s Mandate
The FCCPC highlighted that this recent ruling follows an earlier decision made in April 2026 by Judge James Omotosho, which also involved a challenge from Air Peace about the commission’s authority to investigate consumer complaints and issue subpoenas. Judge Omotosho similarly dismissed Air Peace’s arguments.
Following the latest judgment, FCCPC Executive Vice-Chairman and Chief Executive Officer, Tanji Bello, emphasized the ruling as a significant affirmation of the Commission’s statutory mandate.
Bello stated, “The court reaffirmed an important principle under federal competition and consumer protection law: Investigating consumer complaints is fundamentally different from regulating prices.” He clarified that the commission’s actions were not aimed at adjusting or controlling Air Peace’s fares but were part of a necessary investigation into consumer grievances.
Clarification on Investigative Powers
Bello further explained that an investigation serves as a fact-finding process and does not equate to a finding of liability or an enforcement action. He stressed the importance for responsible regulators to investigate credible complaints that affect consumers and markets without being misinterpreted as an enforcement initiative.
This decision provides essential judicial clarity on the extent of the Commission’s investigative powers and reinforces that any exercise of price regulation remains governed by the legal framework established under the FCCPA. Bello reiterated the FCCPC’s commitment to performing its legal duties fairly and transparently in compliance with the law.
