Court affirms FCCPC’s power to investigate airline ticket pricing complaints

By Reporter

Abuja, July 10, 2026 — 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 the Commission’s investigative powers are separate from its authority to regulate prices.

In a judgment delivered on June 29, Justice B.F.M. Nyako dismissed a suit filed by Air Peace Limited challenging the Commission’s authority to investigate complaints over alleged exploitative airfare pricing.

The court held that the FCCPC acted within its powers under Sections 17, 32 and 33 of the Federal Competition and Consumer Protection Act (FCCPA) when it requested information from the airline in January 2025 following widespread consumer complaints about sharp increases in domestic airfares in December 2024.

Justice Nyako ruled that the Commission’s request for information formed part of a lawful investigation and did not amount to the exercise of price regulation powers under Sections 88, 89 and 90 of the Act.

According to the judgment, the FCCPC neither directed Air Peace to reduce its fares nor prescribed a pricing formula, imposed prices or declared the airline’s fares unlawful.

Air Peace had argued that the Commission lacked the authority to investigate airfare pricing unless the President had first invoked the FCCPA’s price regulation provisions. The airline sought declarations restraining the Commission from pursuing the investigation.

However, the court rejected the argument, holding that such an interpretation would effectively prevent the FCCPC from investigating consumer complaints involving pricing unless the President first exercised powers under Section 88 of the Act. The court said this would undermine the Commission’s investigative mandate and could not have been the intention of the legislature.

The judgment follows an earlier ruling 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 course of carrying out its statutory responsibilities.

Reacting to the latest judgment, FCCPC Executive Vice Chairman and Chief Executive Officer, Tunji Bello, described the decision as an important judicial affirmation of the Commission’s statutory responsibility to investigate market conduct where there are reasonable grounds to believe consumers or competition may be adversely affected.

“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.

He added that an investigation is a fact-finding process rather than a finding of liability or an enforcement action, stressing that regulators must be able to examine credible consumer complaints without such inquiries being misconstrued as price regulation.

Bello said the judgment provides judicial clarity on the scope of the FCCPC’s investigative powers while reaffirming that statutory price regulation remains subject to a separate legal framework under the FCCPA.

He also reaffirmed the Commission’s commitment to carrying out its statutory mandate fairly, transparently and in accordance with the rule of law.