Court Dismisses Air Peace Suit Against FCCPC Over Passenger Complaints

The Federal High Court in Abuja on Monday dismissed a suit filed by Air Peace Limited seeking to restrain the Federal Competition and Consumer Protection Commission (FCCPC) from issuing summons over multiple passenger complaints.

Delivering judgment, Justice James Omotosho held that the suit lacked merit, criticising the airline for attempting to use the court to “shield” itself from investigation by a lawful authority.

The dispute centred on the interpretation of Section 148 of the FCCPC Act, which outlines the Commission’s powers in enforcing consumer rights.

Citing Section 148(3) of the Act, the judge explained that upon receiving or initiating a complaint, the FCCPC may issue a notice of non-referral where a complaint is deemed frivolous, refer the matter to a sector regulator, or direct an inspector to investigate.

Justice Omotosho noted that a careful reading of the law shows the Commission “can, on its own,” initiate investigations or refer complaints to appropriate authorities.

He ruled that the FCCPC retains its statutory powers and is “at liberty to take any of the options” provided under the Act, adding that the airline’s suit “has no legal basis.”

On the issue of fair hearing raised by Air Peace, which argued that it was denied due process because the identities of complainants were not disclosed, the court held that the claim was premature.

“The position (on fair hearing) of the plaintiff (Air Peace) is premature,” the judge said, noting that the Commission had issued several summons which the airline failed to honour, insisting instead on disclosure of complainants.

He ordered the airline to comply with the summons and appear before the FCCPC, reiterating that the case lacked merit and was accordingly dismissed.

Air Peace had approached the court in 2025, alleging that the FCCPC unlawfully initiated an investigation into consumer complaints without first referring the matter to a sector regulator or inspector, as it interpreted under Section 148.

The airline also argued that the Commission must disclose the identities of complainants before proceeding with any inquiry, particularly regarding allegations of exploitative ticket pricing, cancelled flights, and failure to refund passengers.

In response, the FCCPC maintained that it acted within its statutory mandate and did not violate the airline’s rights, urging the court to dismiss the suit.

In an earlier summons dated June 13, 2025, the Commission directed Air Peace to appear at its Abuja headquarters, citing Sections 32 and 33 of the FCCPC Act and warning that failure to comply could attract sanctions, including fines or imprisonment.

The Commission said the summons followed numerous complaints from passengers across the country over non-refunded ticket fares, including instances where flights were cancelled.

Meanwhile, the Minister of Aviation and Aerospace Development, Festus Keyamo, had previously criticized the FCCPC’s public statements questioning the airline’s pricing practices.

Under the Federal Competition and Consumer Protection Act (FCCPA) 2018, consumers are entitled to timely and fair refunds when a service provider fails to deliver a prepaid service.

The law provides that where a service, such as a flight, is not delivered as agreed, consumers have the right to request a refund proportionate to the failure.