The Federal Competition and Consumer Protection Commission (FCCPC) has commended a judgment of the Federal High Court, Abuja, that affirmed the Commission’s authority to investigate consumer complaints.
In a ruling delivered on Monday, April 20, Justice James Omotosho, dismissed a suit filed by Air Peace Limited challenging the FCCPC’s authority to investigate consumer complaints and issue summons.
The judge held that under the Federal Competition and Consumer Protection Act, (FCCPA) 2018, the Commission has powers to receive complaints, assess matters brought before it, and take lawful steps, including investigation where necessary.
Background to the Dispute
The legal battle began in 2025 when Air Peace filed a suit, challenging the FCCPC’s authority to intervene in matters involving airline operations. The airline contended that the Nigerian Civil Aviation Authority (NCAA) held exclusive jurisdiction over the aviation industry, arguing that the FCCPC’s oversight constituted an overreach of its powers.
It refused to honour a summon by the Commission, arguing that FCCPC must disclose the identity of those who lodged complaints about alleged exploitation in ticket pricing, fight cancellation and refund.
However, the FCCPC maintained that while the NCAA manages technical and safety regulations, the Commission holds a broad mandate under the FCPCA 2018 to protect consumers across all sectors, including aviation.
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The court affirmed that the FCCPC’s powers are concurrent and not subservient to sectoral regulators when it comes to consumer rights.
It held that the FCPCA grants the Commission the power to investigate any practice that may be unfair or exploitative to consumers.
It also clarified that being a regulated industry does not exempt airlines from the consumer protection standards enforced by the FCCPC.
Reacting to the news, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Mr Tunji Bello, stated that the judgment provides useful clarity on the importance of regulatory oversight in protecting consumers and promoting fair market practices.
According to a statement by Ondaje Ijagwu, Director, Corporate Affairs, FCCPC, Bello explained that the matter arose from complaints relating to unrefunded ticket fares, cancelled flights, and other service concerns affecting passengers.
He reiterated that consumers who pay for services are entitled to fair treatment, transparency, and redress in accordance with applicable law.
He further emphasised that investigation is an administrative process intended to establish facts and determine whether further action is warranted, adding that it does not amount to finding of liability or wrongdoing.
He stressed that “the Commission is committed to engaging all market participants in a fair, professional, and transparent manner, while ensuring due process at every stage of its proceedings.
“He encouraged businesses operating in Nigeria to cooperate with lawful regulatory processes and to maintain effective complaint resolution systems that address consumer issues promptly and fairly.”
The FCCPC said it would continue to exercise its mandate to “protect consumers, promote competitive markets, and strengthen confidence in essential service sectors, including aviation.”
With this legal hurdle cleared, the FCCPC is expected to intensify its investigation into pending complaints, sending a clear message: the consumer is king, and the law is their shield.
Victor Ezeja is a passionate journalist, scholar and analyst of socioeconomic issues in Nigeria and Africa. He is skilled in energy reporting, business and economy, and holds a master's degree in Mass Communication. He can be reached via @VICTOREZEJA on X