A Federal High Court in Abuja has dismissed a suit filed by Air Peace Limited seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating complaints over unrefunded ticket fares and cancelled flights.
Delivering judgment, Justice James Omotosho ruled that the case lacked merit, stating that the airline’s action appeared to be an attempt to shield itself from a lawful regulatory probe. The court affirmed that the FCCPC has the statutory authority to receive, initiate, and investigate consumer complaints under the Federal Competition and Consumer Protection Act.
The dispute centred on the interpretation of Section 148 of the Act, with the airline arguing that the Commission must first refer complaints to a sector regulator or disclose complainants’ identities before proceeding. However, the court held that a proper reading of the law empowers the Commission to independently determine how to handle complaints, including initiating investigations or referring matters where necessary.
On the issue of fair hearing, the judge rejected the airline’s claim that it was denied due process, describing the argument as premature. He noted that the FCCPC had issued multiple summonses which the airline failed to honour, and ruled that compliance with such summons is a necessary step in the investigative process.
The case stemmed from a series of passenger complaints relating to delays in refunds and flight cancellations. The Commission had maintained that it acted within its mandate to protect consumers and ensure fair market practices, warning that non-compliance with its directives could attract sanctions.
With the suit dismissed in its entirety, the ruling reinforces the FCCPC’s oversight role across sectors, including aviation, and underscores the obligation of service providers to cooperate with regulatory investigations while addressing consumer grievances.
