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Court backs probe into airline fare complaints

Federal Hight Court Abuja

The Federal High Court in Abuja has affirmed the power of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate complaints about airline ticket prices, a decision believed to strengthen consumer protection in Nigeria’s aviation sector.

The FCCPC revealed this on Friday in an official statement. Justice B.F.M. Nyako ruled that the Commission can request information from airlines when passengers complain about pricing without taking over the role of fixing fares. The judgment followed a suit filed by Air Peace and matters because it clears the way for consumer complaints about airline pricing to be examined under the law.

The ruling gives the FCCPC legal backing to continue investigating complaints from passengers who believe they have been treated unfairly. It also explains that investigating pricing practices is different from regulating or controlling prices.

This distinction means the Commission can gather facts, review evidence, and determine whether consumer protection laws have been breached without setting airline ticket prices.

The case began after the FCCPC requested information from Air Peace in January 2025. The request followed numerous complaints from passengers over increases in domestic airfares during the December 2024 festive travel period.

Air Peace challenged the Commission’s action, arguing that the FCCPC did not have the authority to investigate the complaints. The airline also maintained that the Commission could not begin such an inquiry without first relying on the price regulation provisions of the Federal Competition and Consumer Protection Act.

Justice Nyako rejected that argument. The court held that the Commission acted within the investigative powers granted under Sections 17, 32 and 33 of the FCCPA when it requested information from the airline.

The judge also ruled that asking an airline to provide documents or explanations during an investigation does not amount to imposing price controls. The court noted that the FCCPC neither ordered Air Peace to reduce ticket prices nor introduced any formula for fixing fares.

The judgment stated that accepting the airline’s argument would have stopped the Commission from investigating pricing complaints unless the President first activated the Act’s price regulation provisions. The court held that such an interpretation would weaken the investigative powers granted to the FCCPC.

The judgment follows another court decision involving the same parties earlier in 2026. In that case, Air Peace argued that the FCCPC lacked the authority to investigate complaints without first referring the matter to the aviation industry regulator under Section 148 of the FCCPA.

The airline also challenged the Commission’s summons over complaints involving ticket prices, cancelled flights and refunds. In April 2026, Justice James Omotosho dismissed the suit, holding that Air Peace could not use the court to prevent the Commission from carrying out an investigation.

The latest judgment further strengthens the legal position that the FCCPC can investigate consumer complaints under the law while leaving the issue of price regulation separate.

The ruling is also linked to the Commission’s review of airline pricing after festive travel periods. In February, the FCCPC announced that a forensic review of domestic airline fare data found alleged patterns of price manipulation during the last festive season.

The Commission said it compared fares charged during December 2025 with prices recorded after the holiday period in January 2026. Its review found that higher fares largely matched periods when seat availability was lower because of predictable seasonal demand.

The court’s decision indicates that such investigations can continue without confusion over the Commission’s legal powers. It also confirms that complaints about ticket prices can be examined under Nigeria’s consumer protection law, while airlines still retain the right to determine their fares within the limits of the law.