“No Legal Basis” — Court Dismisses Air Peace Suit, Affirms FCCPC Powers To Investigate Consumer Complaints

A 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 over complaints of unrefunded ticket fares and cancelled flights.

Delivering judgment on Monday, Justice James Omotosho held that the action lacked merit, accusing the airline of attempting to use the court to “shield” itself from a lawful regulatory investigation.

The dispute centred on the interpretation of Section 148 of the Federal Competition and Consumer Protection Commission Act, particularly the extent of the Commission’s powers to initiate and enforce consumer complaints. The court held that under Section 148(3), the FCCPC is empowered to independently initiate investigations, issue notices, or refer matters to relevant authorities, stressing that the Commission is “at liberty to take any of the options” provided by law.

On the issue of fair hearing, the court rejected Air Peace’s argument that it was denied due process because the FCCPC did not disclose the identities of complainants. Justice Omotosho described the claim as premature, noting that the airline failed to honour multiple summons issued by the Commission.

“The plaintiff must comply with the summons to appear before the FCCPC,” the court ruled, dismissing the suit in its entirety.

The airline had approached the court in 2025, arguing that the Commission breached statutory procedure by initiating an investigation without first referring the matter to an industry regulator. It also insisted that complainants’ identities must be disclosed before it could respond.

However, the FCCPC maintained that it acted within its statutory mandate, citing its authority under the Act to investigate consumer protection violations. The summons, dated June 13, 2025, directed the airline to appear before the Commission over complaints relating to non-refunded fares and cancelled flights, with warnings of possible sanctions for non-compliance.

Reacting to the judgment, the Executive Vice Chairman of the FCCPC, Tunji Bello, commended the court for affirming the Commission’s powers. He said the ruling reinforces the importance of regulatory oversight in protecting consumers and ensuring fair market practices.

Bello noted that the case arose from complaints involving ticket refunds and service disruptions, stressing that consumers are entitled to transparency and timely redress where services paid for are not delivered.

He added that the Commission’s investigations are administrative processes aimed at establishing facts and determining appropriate action, not a declaration of liability.

The FCCPC reiterated its commitment to due process and urged businesses to cooperate with lawful regulatory procedures while strengthening internal mechanisms for resolving customer complaints.

The Commission also affirmed that it will continue to operate within its statutory mandate to protect consumers, promote competition, and enhance confidence in key sectors, including aviation.