A Federal High Court has upheld the FCCPC’s authority to investigate consumer complaints over Air Peace ticket pricing, dismissing the airline’s legal challenge

A Federal High Court in Abuja on Friday, July 10, 2026, affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints over Air Peace Limited’s ticket pricing, dismissing a suit filed by the airline challenging the regulator’s statutory powers.

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The ruling, delivered by Justice Binta Fatima Nyako, clarified that the commission’s power to investigate consumer complaints is separate from the authority to regulate or fix prices under the Federal Competition and Consumer Protection Act (FCCPA), 2018.

The decision marks another significant legal victory for the consumer protection agency after an earlier judgment in April 2026 similarly upheld its investigative powers in a related case involving Air Peace.

The dispute stemmed from a January 2025 request by the FCCPC for information following widespread complaints from passengers over sharp increases in domestic airfares during the 2024 festive period.

Air Peace argued that the commission lacked the authority to investigate airfare pricing unless the President first invoked the price regulation provisions contained in Sections 88, 89 and 90 of the FCCPA.

The airline asked the court to restrain the regulator from examining the matter.

Justice Nyako rejected the argument, holding that the commission acted within its investigative powers under Sections 17, 32 and 33 of the Act when it sought information from the airline.

The court found that requesting information as part of an investigation did not amount to regulating prices. Justice Nyako noted that the FCCPC neither directed Air Peace to reduce its fares nor imposed any pricing formula or declared the airline’s fares unlawful.

According to the judgment, adopting Air Peace’s interpretation would effectively prevent the commission from investigating consumer pricing complaints unless presidential approval had first been obtained, an outcome the court said was not intended by the legislature.

The ruling reinforces an earlier decision delivered in April by Justice James Omotosho, who dismissed another suit in which Air Peace challenged the commission’s authority to investigate consumer complaints and issue summons while carrying out its statutory responsibilities.

Reacting to the judgment, FCCPC Executive Vice Chairman and Chief Executive Officer Tunji Bello described the ruling as an important affirmation of the commission’s mandate to protect consumers and promote fair competition.

“The Court has again affirmed an important principle under the Federal Competition and Consumer Protection Act. 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,” Bello said.

Bello stressed that investigations should not be interpreted as enforcement actions or findings of wrongdoing.

“An investigation is a fact-finding process. It is neither a finding of liability nor an enforcement action. Every responsible regulator must be able to inquire into credible complaints affecting consumers and markets without interference.”

The latest judgment provides further legal clarity on the scope of the FCCPC’s investigative powers and is expected to strengthen the commission’s oversight of consumer complaints across key sectors, including aviation.

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The case also comes amid increased public scrutiny of domestic airfare pricing, with passengers and consumer groups repeatedly raising concerns over fluctuating ticket costs on major Nigerian routes.