A lawsuit brought by Air Peace Limited to prevent the Federal Competition and Consumer Protection Commission (FCCPC) from issuing summonses in response to many complaints from travelers nationwide was dismissed by the Federal High Court.
On Monday, presiding Judge James Omotoshoon dismissed the lawsuit for lack of merit, despite the accusations being based on alleged non-refund of ticket costs and cancelled flights.
According to him, the airline attempted to utilize the court to protect itself from a legitimate regulatory probe.
He affirmed the commission’s authority to address consumer complaints by citing section 148 of the FCCPC Act. He further stated that if a complaint is frivolous or vexatious, the commission may issue a notice of non-referral.
Additionally, he stated that the commission could assign an inspector to look into the complaint or submit it to a sector regulator.
The judge ruled that the FCCPC is permitted by law to launch independent inquiries.
According to him, a correct interpretation of the Act demonstrates that the commission’s authority to act is unrestricted.
He declared the Air Peace lawsuit to have no legal foundation and decided that the FCCPC could look into consumer concerns.
Additionally, the court rejected Air Peace’s claim that the FCCPC’s refusal to reveal the identity of the complainants deprived it of due process.
The judge stated that the commission had issued multiple summonses ordering the airline to show up, but Air Peace insisted on first disclosing the complainants.
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