*Nigeria’s Federal Competition and Consumer Protection Commission says the Federal High Court Court, Abuja, has reaffirmed its power to investigate all consumer pricing complaints in the Nigerian economy
Gbenga Kayode | ConsumerConnect
The Federal High Court, sitting in Abuja, FCT, has reaffirmed the statutory authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints about pricing of airline tickets.
ConsumerConnect reports the Nigerian court again, 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.
Honourable Justice B.F.M. Nyako, in a recent judgment, dismissed the suit filed by Air Peace Limited challenging the FCCPC’s authority to investigate complaints concerning possible exploitative ticket pricing.
The Federal High Court latest June 29, 2026, is said to be consistent with an earlier ruling handed down April 2026 by Justice James Omotosho in another suit filed by Air Peace.
The Nigerian airline had contested the Commission’s power to investigate consumer complaints, and issue summons in the exercise of its statutory mandate.
In the April ruling, Justice Omotosho dismissed the airline’s contention as unreasonable.
The latest judicial interpretation by Justice Nyako resulted from a suit filed by Air Peace 2025.
The company’s move followed the Commission’s request for information from Air Peace January 2025 after widespread consumer complaints over substantial increases in airfares on certain domestic routes December 2024.
Air Peace as well argued that the Commission lacked authority to inquire into airfare pricing unless the President of the Federal Republic of Nigeria had first invoked the price regulation provisions of the FCCPA.
The market regulatory Commission said the airline, therefore, sought declarations that it lacked authority to investigate the matter, together with orders perpetually restraining it from doing so.
However, Justice Nyako rejected those arguments. The Judge held that the Commission acted within its investigative powers under Sections 17, 32 and 33 of the FCCPA, when it sought information from Air Peace in response to consumer complaints in the aviation sector of the Nigerian economy.
The court considered the request to be part of a lawful investigation, dismissing the argument that it amounted to the exercise of statutory price regulation or price control powers under Sections 88, 89 and 90 of the Act.
It also stated that the Commission did not direct Air Peace to reduce its fares, prescribe a pricing formula, impose any price, or declare the airline’s fares unlawful.
Rather, the Court further held that accepting Air Peace’s interpretation would effectively prevent the Commission from investigating complaints relating to pricing unless the President had first invoked Section 88 of the FCCPA.
According to the court ruling, such an interpretation would undermine the Commission’s investigative powers whenever pricing complaints arose and could not have been the intention of the legislature.
Court decision as important judicial affirmation of FCCPC’s power
Speaking on the court judgment, Mr. Tunji Bello, Executive Vice-Chairman and Chief Executive Officer (EVC/VEof the FCCPC, 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.
Ondaje Ijagwu, Director of Corporate Affairs at FCCPC, noted Bello stated: “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.”
The EVC/CEO of the Commission also said: “An investigation is a fact-finding process. It is neither a finding of liability nor an enforcement action.
“Every responsible regulator must be able to inquire into credible complaints affecting consumers and markets without those inquiries being misconstrued as findings of liability, enforcement action or price regulation.”
The court judgment, he noted, provides important judicial clarity on the scope of the Commission’s investigative powers.
It further confirmed that the exercise of statutory price regulation powers remains governed by the separate legal framework established under the FCCPA, he stated.
Bello reaffirmed the Commission’s commitment to exercising its statutory mandate fairly, transparently and in accordance with the rule of law.