The Federal High Court in Abuja has dismissed a suit filed by Air Peace Limited seeking to restrain the Federal Competition and Consumer Protection Commission (FCCPC) from issuing summons in relation to complaints of unrefunded ticket fares and cancelled flights.
Delivering judgment, Justice James Omotosho held that the suit was devoid of merit and criticized the airline for attempting to use judicial processes to “shield” itself from lawful regulatory investigation.
The dispute centred on the interpretation of Section 148 of the FCCPC Act, 2018, particularly whether the Commission could independently initiate investigations. Justice Omotosho, citing Section 148(3), clarified that upon receipt or initiation of a complaint, the Commission may issue a notice of non‑referral if the complaint is frivolous; refer the matter to a sector regulator; or direct an inspector to investigate.
The court emphasized that a holistic reading of the statute empowers the Commission to exercise discretion in choosing any of these options. Accordingly, the FCCPC possesses the requisite statutory authority to probe consumer complaints without prior referral.
On the issue of fair hearing, the court rejected Air Peace’s contention that it was denied due process because the Commission did not disclose the identities of complainants. Justice Omotosho described the argument as premature, noting that the airline had failed to honour multiple summonses issued by the FCCPC. He ruled that the plaintiff must comply with the summons and appear before the Commission.
Air Peace had approached the court in 2025, alleging that the FCCPC breached Section 148 by initiating investigations without referral to an industry regulator or inspector. The airline also insisted that complainants’ identities must be disclosed before it could respond.
The FCCPC, however, maintained that it acted squarely within its statutory mandate. In a summons dated June 13, 2025, the Commission directed the airline to appear over complaints of non‑refunded fares and cancelled flights, warning of sanctions for non‑compliance.
Under the FCCPC Act, 2018, consumers are entitled to timely refunds where prepaid services are not delivered, including in cases of flight cancellations.
Following the judgment, the FCCPC welcomed the court’s affirmation of its investigative powers. In a statement by its Director of Corporate Affairs, Ondaje Ijagwu, the Commission noted that the ruling provides clarity on its authority to investigate consumer complaints and issue summons in line with its statutory mandate.
The agency reiterated that the Act empowers it to receive complaints, assess cases, and take lawful steps to protect consumers, thereby reinforcing its role as Nigeria’s primary consumer protection regulator.
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