By Alex Igbekhe
The Federal Competition and Consumer Protection Commission (FCCPC) has secured its second court victory in four months against Air Peace, as the Abuja Federal High Court upheld the regulator’s power to investigate consumer complaints over skyrocketing airfares.
In a judgment delivered on June 29, Justice B.F.M. Nyako dismissed a suit by the airline that sought to block the Commission’s inquiry into fare hikes on domestic routes in December 2024. The ruling marks the latest chapter in an ongoing legal battle between Nigeria’s largest carrier and the country’s consumer protection watchdog.
At the heart of the dispute was a fundamental question: Can the FCCPC investigate airline ticket pricing without the President first activating the price control provisions of the law?
Air Peace argued no, insisting that Sections 88, 89 and 90 of the Federal Competition and Consumer Protection Act (FCCPA, 2018) required presidential invocation before any pricing-related inquiry could commence. The airline therefore asked the court to declare the Commission’s investigation unlawful and restrain it permanently.
Justice Nyako disagreed. She held that the Commission’s investigative powers under Sections 17, 32 and 33 of the Act operate independently of the price regulation framework. Crucially, the court noted that the FCCPC had not ordered Air Peace to lower fares, set a pricing formula, or declared its tickets illegal — it had simply requested information in response to legitimate consumer grievances.
“To accept the airline’s interpretation would effectively paralyse the Commission whenever pricing complaints arise,” the court reportedly observed, adding that such a reading could not have been the legislature’s intention.
The judgment echoes a similar ruling in April by Justice James Omotosho, who had dismissed another Air Peace suit challenging the FCCPC’s summons powers, describing the airline’s position as “unreasonable.”
FCCPC Executive Vice Chairman, Tunji Bello, welcomed the ruling, stressing that investigation and enforcement are distinct functions.
“This judgment makes clear that a regulator can ask questions without being accused of fixing prices,” Bello said. “We are not setting fares — we are finding facts. That distinction is vital for consumer protection in any functioning market.”
The Commission’s inquiry into Air Peace’s December 2024 fare increases, which sparked widespread public outcry, will now proceed. While the FCCPC has not indicated what action, if any, it may take at the conclusion of its investigation, Bello reaffirmed the agency’s commitment to transparency and due process.
Air Peace is yet to issue a public statement on the latest setback.
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