Federal High Court Affirms FCCPC’s Authority To Investigate Airline Ticket Pricing Complaints

The Federal High Court, Abuja Division, on July 10 2026, delivered a landmark judgment affirming the statutory authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints regarding airline ticket pricing.¹ The Court clarified that the Commission’s power to conduct investigations into pricing is distinct from its statutory power to regulate or fix prices under the Federal Competition and Consumer Protection Act (FCCPA).²

The judgment dismissed a suit filed by Air Peace Limited, which had challenged the Commission’s authority to investigate complaints concerning potentially unfair ticket prices.³ The airline argued that the FCCPC lacked the authority to inquire into airfare pricing unless the President of Nigeria had first invoked the specific price regulation provisions of the FCCPA.

However, Justice B. F. M. Nyako rejected this argument, ruling that the Commission acted within its investigative powers under the Act.⁴ The Court found that the request for information sent to Air Peace in January 2025, following numerous consumer complaints about airfare hike in December 2024, formed part of a lawful fact-finding process. The Court further held that the Commission had neither prescribed a pricing formula nor directed the airline to reduce its fares. Consequently, it was not exercising price control powers under the Act.⁵

Reacting to the ruling, FCCPC's Executive Vice Chairman, Mr. Tunji Bello, described the decision as an "important judicial affirmation" of the Commission’s duty to investigate market conduct. He stressed that the FCCPC remains committed to carrying out its duties fairly and transparently to protect consumers from adverse market conditions.

This ruling aligns with a previous decision from April 2026 by Justice James Omotosho, which also dismissed Air Peace's attempts to contest the Commission’s power to investigate and issue summons.

KEY TAKEAWAYS

• The FCCPC’s statutory authority to investigate consumer complaints relating to pricing under the FCCPA has been judicially affirmed.
• The Commission’s investigative powers are distinct from its powers to regulate or fix prices, and the commencement of an investigation does not amount to price control
• Presidential approval is not a prerequisite for the FCCPC to investigate pricing complaints; such approval is only required where the Commission seeks to exercise its statutory price regulation powers.
• Businesses are required to comply with lawful information requests issued by the FCCPC in the exercise of its investigative powers.
• The judgment affirms that the FCCPC may investigate alleged unfair market practices before determining whether a violation of the FCCPA has occurred.

The decision provides greater regulatory certainty by clarifying the scope 

Footnotes

^{1        See, Air Peace Ltd v. Federal Competition and Consumer Protection (FCCPC) (Federal High Court, 29 June 2026) (unreported).}

^{2        Sections 17, 32, 33, and 80–90 of the Federal Competition and Consumer Protection Act, 2018 (Act No. 1 of 2019), Laws of the Federation of Nigeria.}

^{3        FCCPC, ‘Ticket Pricing: Again, Fccpc Floors Air Peace’ available at (https://fccpc.gov.ng/ticket-pricing-again-fccpc-floors-air-peace/ailable) accessed on 25th July 2026.}

^{4        Sections 17, 32, and 33 of the FCCPA.}

^{5        Sections 88, 89, and 90.}

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