A 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 alleged complaints of unrefunded ticket fares and cancelled flights.
Justice James Omotosho, in a judgment delivered in Abuja, held that the suit lacked merit and accused the airline of attempting to use the court to “shield” itself from a lawful investigation by a regulatory body.
The dispute centred on the interpretation of Section 148 of the Federal Competition and Consumer Protection Commission Act, particularly the scope of the Commission’s powers to initiate and enforce consumer complaints.
Citing Section 148(3) of the Act, the judge held that upon receiving or initiating a complaint, the Commission is empowered to issue a notice of non-referral where a complaint is frivolous, refer the matter to a sector regulator, or direct an inspector to investigate.
Justice Omotosho stated that a holistic reading of the law shows that the Commission can independently initiate investigations or refer complaints to relevant authorities, stressing that it is “at liberty to take any of the options” provided under the statute.
He further ruled that the Commission possesses the requisite statutory authority to probe consumer complaints, declaring that the airline’s case had “no legal basis.”
On the issue of fair hearing, the court rejected the airline’s claim that it was denied due process following the Commission’s refusal to disclose the identities of complainants.
The judge described the argument as premature, noting that the Commission had issued multiple summonses which the airline failed to honour.
“The plaintiff must comply with the summons to appear before the FCCPC,” the court held.
The suit was subsequently dismissed in its entirety.
The airline had approached the court in 2025, contending that the Commission breached Section 148 by allegedly initiating an investigation without referring the matter to an industry regulator or inspector.
It also insisted that the identities of complainants be disclosed before it could respond to the allegations.
However, the Commission maintained that it acted within its statutory mandate, citing its powers under the Act to investigate consumer protection violations.
In a summons dated June 13, 2025, the Commission directed the airline to appear before it over complaints relating to non-refunded ticket fares, including cases involving cancelled flights, warning of possible sanctions for non-compliance.
Under the Federal Competition and Consumer Protection Act, 2018, consumers are entitled to timely refunds where a service provider fails to deliver a prepaid service, including in instances of flight cancellations.
The PUNCH