Air Peace Loses Court Case as Judge Backs FCCPC on Passenger Complaints, Refund Issues
- The Federal High Court dismissed Air Peace’s suit against the FCCPC for lack of merit
- The court affirmed that the FCCPC has the legal authority to investigate consumer complaints
- The dispute stemmed from complaints about flight cancellations and ticket refund issues
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Oluwatobi Odeyinka is a business editor at Legit.ng, covering energy, the money market, technology and macroeconomic trends in Nigeria.
The 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 issuing summons over passenger complaints.
Justice James Omotosho, in a ruling delivered on Monday, held that the airline’s case lacked merit and could not stand, Premium Times and PUNCH reported.
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Court affirms FCCPC’s investigative powers
Delivering judgment, the court said the airline’s action appeared aimed at shielding itself from a lawful investigation by a regulatory body.
The judge cited provisions of the FCCPC Act, noting that the commission has the authority to handle consumer complaints and initiate investigations where necessary.
He explained that under Section 148 of the law, the FCCPC can assess complaints, dismiss those deemed frivolous, refer matters to relevant regulators, or direct investigations through its inspectors.
The court further held that the law empowers the commission to act independently without external restrictions.
Argument on due process rejected
The court also dismissed Air Peace’s claim that it was denied fair hearing due to the FCCPC’s refusal to disclose the identities of complainants.
Justice Omotosho ruled that the argument was premature, noting that the commission had already issued several summons inviting the airline to appear.
He added that the airline must comply with the summons and present its case before the commission.
Background to the dispute
The case followed a series of complaints received by the FCCPC in late 2024 from passengers across Nigeria. The issues raised included alleged non-refund of ticket fares and flight cancellations.
According to the commission, it initiated preliminary engagement with the airline in line with its mandate to protect consumers.
However, Air Peace rejected the move, arguing that aviation-related matters fall under the Nigerian Civil Aviation Authority (NCAA).
The airline also insisted that it should not be investigated without disclosure of the identities of those who lodged complaints.
The disagreement escalated after the FCCPC made public comments on the complaints and airline pricing practices.
At the time, the Minister of Aviation and Aerospace Development, Festus Keyamo, called for better coordination among regulators, noting that aviation matters require sector-specific oversight.
FCCPC summons and legal action
In June 2025, the FCCPC issued a summons directing Air Peace to appear at its Abuja office over the complaints, warning that failure to comply could lead to sanctions.
The airline subsequently approached the court, asking it to restrain the commission from continuing its investigation.
Air Peace argued that the FCCPC lacked the authority to proceed without first referring the matter to a sector regulator or disclosing the identities of complainants.
Source: Twitter
FCCPC defends mandate
In its response, the FCCPC maintained that its actions were within the law, stating that it could act on consumer complaints or initiate investigations independently.
The commission also referenced provisions of the FCCPC Act, which guarantee consumers the right to timely and fair refunds where services are not delivered as agreed.
The court’s ruling effectively clears the way for the commission to continue its investigation into the complaints against the airline.
Keyamo reacts to airlines’ planned shutdown
Legit.ng earlier reported that the Minister of Aviation and Aerospace Development, Festus Keyamo, called on domestic airlines to reconsider plans to suspend operations amid the sharp increase in aviation fuel prices.
His appeal follows a warning by the Airline Operators of Nigeria that local carriers may halt flights from April 20 due to escalating costs of Jet A1 fuel.
The minister cautioned that fare increases or shutdowns could negatively affect the economy.
Source: Legit.ng
