The judge said Air Peace’s suit was a ploy to block a lawful investigation.
The Federal High Court in Abuja on Monday dismissed a suit filed by Air Peace Limited seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from issuing summons over multiple complaints from passengers nationwide.
However, Judge James Omotosho dismissed the suit in a judgement for lacking merit.
He said the airline tried to use the court to shield itself from lawful investigation by a regulatory authority.
He cited section 148 of the FCCPC Act to affirm that the commission’s powers to handle consumer complaints. He added that the commission, upon receiving a complaint, may issue a notice of non-referral if it is frivolous or vexatious.
He also said the commission could refer the complaint to a sector regulator or direct an inspector to investigate it.
The judge held that the law allows the FCCPC to initiate investigations on its own.
He said a proper reading of the Act shows that the commission retains the power to act without external limitation.
He ruled that the FCCPC can investigate consumer complaints and said the Air Peace suit had no legal basis.
The court also dismissed Air Peace’s argument that it was denied due process because the FCCPC refused to disclose complainants’ identities.
The judge said the commission had issued several summons requiring the airline to appear, but Air Peace insisted on disclosure of complainants first.
“The position (on fair hearing) of the plaintiff (Air Peace) is premature,” he held.
He said the suit appeared designed to shield the airline from investigation.
He added that Air Peace must comply with the summons and appear before the FCCPC.
The dispute began in late 2024 when the FCCPC started receiving complaints from passengers against Air Peace Limited.
The complaints centred on alleged non-refund of ticket fares and cancelled flights.
The commission said, in line with its statutory mandate, it began preliminary engagement with the airline.
Air Peace rejected the intervention and argued that aviation issues fall under the Nigerian Civil Aviation Authority as the sector regulator. It also insisted that it should not be subjected to investigation without disclosure of complainants’ identities.
The tension escalated after the FCCPC made public comments on the complaints and Air Peace’s pricing practices. The Minister of Aviation and Aerospace Development, Festus Keyamo, criticised the Commission at the time, saying aviation matters required proper regulatory coordination.
The disagreement continued into 2025.
In a summons dated 13 June 2025, the FCCPC ordered Air Peace to appear at its Abuja headquarters on Monday, 23 June. It relied on Sections 32 and 33 of the FCCPA.
The commission warned that failure to comply could attract sanctions, including fines or imprisonment under Section 33(3).
“The Federal Competition and Consumer Protection Commission (FCCPC) has summoned the management of Air Peace Limited over a deluge of consumer complaints from across the country relating to the non-refund of ticket fares, even in instances where the airline had cancelled its flight operations,” the statement read in part.
In 2025, Air Peace filed its suit, alleging that the FCCPC unlawfully began an investigation into consumer complaints without complying with Section 148 of the FCCPC Act.
The airline urged the court to restrain the Commission from continuing its investigation.
It asked the court to declare that the commission lacked power to investigate without first referring the matter to a sector regulator or inspector.
Air Peace also argued that the FCCPC must disclose the identities of complainants who raised issues about ticket pricing, cancelled flights and refunds.
The FCCPC, however, maintained that it acted within its statutory mandate. It urged the court to dismiss the suit.
It said under Section 148 of the FCCPC Act, a consumer may file a complaint in the prescribed form alleging a breach of the law. The commission may also act on its own motion or through a regulator or accredited consumer group.
Section 130 of the FCCP Act 2018 provides that consumers are entitled to timely and fair refunds where services are not delivered as agreed.
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