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.
Justice James Omotosho ruled on Monday that the case lacked merit, accusing the airline of attempting to use the court to shield itself from a lawful regulatory investigation.
The dispute focused on Section 148 of the Federal Competition and Consumer Protection Commission Act and whether the commission had the authority to initiate and enforce consumer complaints.
In his judgment, the judge held that the law empowers the commission to reject frivolous complaints, refer matters to sector regulators, or direct an inspector to investigate.
He said a proper reading of the Act shows the commission can independently begin investigations or refer complaints where necessary, stressing that it is “at liberty to take any of the options” provided by law.
The court also rejected Air Peace’s claim that it was denied fair hearing because the identities of complainants were not disclosed.
Justice Omotosho described the argument as premature, noting that the airline had ignored several summonses issued by the commission.
“The plaintiff must comply with the summons to appear before the FCCPC,” the judge held.
The suit was dismissed in its entirety.
Air Peace had approached the court in 2025, arguing that the commission breached the law by opening an investigation without first referring the matter to an industry regulator or inspector.
However, the FCCPC maintained that it acted within its legal powers to protect consumers.
In a summons dated June 13, 2025, the commission directed the airline to appear before it over complaints relating to non-refunded fares, including cancelled flights, warning that failure to comply could attract sanctions.
Under the Federal Competition and Consumer Protection Act 2018, consumers are entitled to timely refunds where a prepaid service is not delivered, including cancelled flights.
