Court backs FCCPC, dismisses Air Peace limited suit over ticket refund probe

The Federal High Court in Abuja on Monday affirmed the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate consumer complaints, dismissing a suit filed by Air Peace Limited challenging the Commission’s powers.

Delivering judgment, Justice James Omotosho held that the FCCPC acted within its statutory mandate under the Federal Competition and Consumer Protection Act (FCCPA) 2018 to receive complaints, assess issues brought before it, and take necessary steps, including issuing summons and conducting investigations.

According to a statement signed by Ondaje Ijagwu, director, Corporate Affairs, FCCPC, on Monday, the case stemmed from complaints by airline passengers over unrefunded ticket fares, cancelled flights, and other service-related concerns.

“The judgment, delivered by Justice James Omotosho, affirms the Commission’s powers under the Federal Competition and Consumer Protection Act, 2018 (FCCPA) to receive complaints, assess matters brought before it, and take appropriate lawful steps, including investigation where necessary,” the statement read. 

Reacting to the ruling, Tunji Bello, the executive vice chairman and chief executive officer of the FCCPC, described the judgment as a significant clarification of the commission’s regulatory role in protecting consumers and promoting fair market practices.

He emphasised that investigations carried out by the Commission are administrative processes aimed at establishing facts and determining whether further action is required, noting that such actions do not amount to findings of liability or wrongdoing.

Bello reiterated that consumers who pay for services are entitled to fairness, transparency, and redress in line with existing laws, adding that the FCCPC remains committed to engaging businesses in a professional and transparent manner while ensuring due process.

He also urged companies operating in Nigeria to cooperate with lawful regulatory processes and strengthen their internal complaint resolution mechanisms to address consumer grievances promptly.

The FCCPC, established under the FCCPA 2018, is Nigeria’s primary competition and consumer protection authority, with a mandate to safeguard consumer rights, promote competitive markets, and enhance confidence across key sectors, including aviation.