Air Peace Loses Court Bid To Stop FCCPC Airfare Investigation

The Federal High Court in Abuja has affirmed the statutory authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints relating to airline ticket pricing, ruling 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 challenging the Commission’s authority to investigate allegations of exploitative airfare pricing.

The court held that the FCCPC’s investigative powers under the Federal Competition and Consumer Protection Act (FCCPA), 2018, are distinct from its powers to regulate prices, and that the Commission acted within its legal mandate when it requested information from Air Peace following 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 activated the price regulation provisions of the FCCPA. The airline sought declarations restraining the Commission from carrying out such investigations.

However, Justice Nyako rejected the airline’s arguments, holding that the FCCPC lawfully exercised its investigative powers under Sections 17, 32 and 33 of the Act. The court noted that the Commission neither directed Air Peace to reduce its fares nor imposed any pricing formula or declared the airline’s ticket prices unlawful.

The judge further ruled that accepting Air Peace’s interpretation would prevent the FCCPC from investigating consumer complaints involving pricing unless the President first invoked the Act’s price regulation provisions, a position the court said would undermine the Commission’s statutory responsibilities.

The ruling follows an earlier judgment delivered in April 2026 by Justice James Omotosho, who also dismissed a separate suit filed by Air Peace challenging the FCCPC’s authority to investigate consumer complaints and issue summons in the discharge of its statutory functions.

Reacting to the 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 stressed that investigating consumer complaints is fundamentally different from regulating prices, adding that the inquiry into Air Peace’s fares was a lawful fact-finding exercise and not an attempt to fix ticket prices or establish liability. Bello also reaffirmed the FCCPC’s commitment to carrying out its statutory responsibilities fairly, transparently, and in accordance with the rule of law.