Court rules FCCPC can investigate Air Peace ticket pricing complaints

A Federal High Court has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) has the statutory authority to investigate consumer complaints relating to Air Peace’s ticket pricing.

The Commission disclosed this in a statement issued on Friday following a judgment delivered by the Abuja Division of the Federal High Court.

The court held that the FCCPC’s power to investigate pricing complaints is separate from its authority to regulate prices, clarifying that requesting information from an airline during an investigation does not amount to imposing price controls.

What they are saying

According to the FCCPC, Justice B.F.M. Nyako dismissed a suit filed by Air Peace challenging the Commission’s authority to investigate complaints over alleged exploitative ticket pricing.

The court held that the FCCPC acted within its investigative powers under Sections 17, 32 and 33 of the FCCPA when it requested information from the airline.

• “The Abuja Federal High Court has affirmed the statutory authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints relating to pricing of airline tickets.”
• “The court clarified that the Commission’s investigative powers under the Federal Competition and Consumer Protection Act (FCCPA, 2018) are distinct from the exercise of a power to regulate price.”

The case arose after the FCCPC requested information from Air Peace in January 2025 following widespread consumer complaints over sharp increases in domestic airfares during the December 2024 festive period.

More insights

The court ruled that the FCCPC’s request formed part of a lawful investigation and did not amount to exercising price regulation or price control powers under the FCCPA.

The court said the Commission neither directed Air Peace to reduce its fares nor imposed a pricing formula.

• It held that accepting Air Peace’s argument would have prevented the FCCPC from investigating pricing complaints unless the President first invoked the Act’s price regulation provisions.
• Justice Nyako said such an interpretation would undermine the Commission’s investigative powers.

The judgment reinforces the distinction between investigating pricing complaints and regulating prices.

Background

The latest ruling follows a related legal challenge filed by Air Peace in 2025, in which the airline argued that the FCCPC lacked the authority to investigate consumer complaints without first referring the matter to an industry regulator under Section 148 of the FCCPA.

• Air Peace challenged the Commission’s summons over complaints relating to ticket pricing, cancelled flights and refunds, arguing the probe exceeded the FCCPC’s powers.
• The FCCPC maintained that it acted within its statutory mandate and urged the court to dismiss the suit.
• In April 2026, Justice James Omotosho dismissed the case for lacking merit, holding that the airline could not use the court to shield itself from investigation by the Commission.

The latest judgment further reinforces the FCCPC’s authority to investigate consumer complaints under the FCCPA.

What you should know

The FCCPC had in February announced that it uncovered alleged patterns of price manipulation by some domestic airlines during the last festive season.

• The findings were based on a forensic review of fare data from airlines operating domestic routes.
• The report compared December 2025 festive fares with January 2026 post-peak prices.

According to the Commission, higher fares largely coincided with periods of reduced seat availability during predictable seasonal demand peaks.

The findings formed part of the FCCPC’s ongoing review of pricing practices in Nigeria’s domestic aviation sector.