Tag: The Federal Competition and Consumer Protection Commission (FCCPC)

  • FCCPC invites Air Peace managers over infractions

    FCCPC invites Air Peace managers over infractions

    The Federal Competition and Consumer Protection Commission (FCCPC) has invited the management of Air Peace Limited over complaints by consumers on non-refund of ticket fares  when flights are cancelled.

    The commission also directed the management of the airline  to produce documentary evidence including complaint log for refunds of cancelled flights over the past 12 months.

    This, according to the commission  includes the total records of processed refunds to date, list of cancelled flights on all routes within the past one year and remedial actions taken to mitigate consumer hardship resulting from cancelled flights.

    Specifically, Section 33(3) of the FCCPA mandates compliance and failure attracts severe sanctions including fines or imprisonment.

    In a statement  by Director, Corporate Affairs, Ondaje Ijagwu, the commission has invited the management of Air Peace Limited over a deluge of consumer complaints from across the country relating to the non-refund of ticket fares, even in instances where the airline had cancelled its flights.

    According to the statement, these actions potentially contravene Sections 130(1)(a) and (b), and 130(2)(b) of the Federal Competition and Consumer Protection Act (FCCPA) 2018, which expressly guarantee consumers the right to timely refunds where advance bookings, reservations, or orders are unfulfilled due to service-provider’s failure.

    “This provision enshrines the principle of fair dealing and safeguards consumers against unfair, unjust, or unreasonable practices by service-providers. In a formal summons dated June 13, 2025, the Commission, invoking Sections 32 and 33 of the Federal Competition and Consumer Protection Act (FCCPA) 2018, requires Air Peace to appear before the Commission at its Abuja Headquarters on Monday, June 23, 2025”.

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    Earlier in December last year, the FCCPC had begun inquiries into separate allegations of exploitative ticket pricing, including substantial price hikes for advance bookings on certain domestic routes by Air Peace.

    In response, the airline instituted legal proceedings seeking to restrain the Commission from continuing its inquiry.

    This is an entirely different matter.

    The FCCPC remains committed to enforcing the provisions of the FCCPA (2018) and holding service providers accountable by ensuring that consumers, including airline passengers, are protected from exploitative or unfair market practices.

  • FCCPC seals Illegal consumer protection outfit

    FCCPC seals Illegal consumer protection outfit

    •Arrests operator for impersonation

    The Federal Competition and Consumer Protection Commission (FCCPC), in collaboration with law enforcement, carried out an enforcement operation at No. 214 Aba-Owerri Road, Aba, Abia State, where it sealed the premises of an unlawful entity operating as the Community Crime Prevention Initiative of Nigeria (CCPIN).

    The FCCPC’s action followed credible intelligence that CCPIN was falsely claiming affiliation with the Commission and misleading the public by representing itself as an “Authorized Consumer Protection NGO” of the FCCPC. The entity had issued public notices alleging joint surveillance operations with FCCPC and was soliciting consumer complaints through unauthorized telephone lines.

    During the operation,  the operator of the facility, Amb. Dr. Onwuka K. Okorie, was arrested on-site and is currently in police custody at World Bank Police Station, Abayi-Aba, Abia State, pending further investigation and prosecution.

     A number of exhibits bearing FCCPC’s name, logo, and false enforcement materials were recovered from the premises.

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    The Commission categorically disassociated itself from CCPIN and affirmed that it neither authorised nor partnered with CCPIN or any similarly styled organisation for enforcement or consumer protection operations, and did  not delegate such powers to NGOs, private entities, or individuals without formal legal authorization.

    The FCCPC is committed to operating with the highest level of transparency while ensuring consumer protection and market integrity.

    The public is strongly advised to disregard any announcements, sealing notices, or consumer-related campaigns issued by CCPIN or any of its representatives.

    To verify any enforcement or communication, members of the public can contact the Commission through its hotlines: 08056002020 and 08056003030. Official FCCPC activities and communications can also be verified via www.fccpc.gov.ng or social media handles (@fccpcnigeria).

  • FCCPC floors Meta

    FCCPC floors Meta

    •That tribunal upheld $220m fine confirms commission’s due diligence in the matter

    The Federal Competition and Consumer Protection Commission (FCCPC) has been proactive in the execution of its mandate of protecting the interest of consumers, and we commend it. The commission had, on July 19, 2024, issued a Final Order imposing a $220 million administrative penalty on Meta Platforms Incorporated (Facebook) and WhatsApp LLC, after concluding a 38-month joint investigation initiated by the FCCPC and the Nigeria Data Protection Commission (NDPC) into the conduct, privacy practices, and consumer data policies of Meta Platforms and WhatsApp, started in 2020.

    The investigation revealed that the companies engaged in discriminatory and exploitative practices against Nigerian consumers. Dissatisfied with the fine imposed by FCCPC, the companies had approached the Competition and Consumer Protection Tribunal, for adjudication.

    In its ruling, the tribunal affirmed that the commission complied with prevailing laws, discharged its mandate, and exercised its powers within the confines of the 1999 Constitution (as amended). It further held that the multiple actions by WhatsApp and Meta, for which the commission made findings of violations, were correctly identified, and that the commission was right in making those findings. The tribunal upheld major aspects of the final order issued by the commission and awarded the sum of $220 million against Meta Platforms Incorporated and WhatsApp LLC as an administrative penalty.

    It further awarded $35,000 to the FCCPC as cost of investigation. The tribunal held that the commission in its quasi-judicial responsibilities, duly exercised the constitutional requirement of fair hearing, as it afforded the companies the opportunity to defend themselves. The tribunal further held that the commission has power to regulate competition in regulated industries, and as such it acted within its mandate to regulate matters of data protection and privacy.

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    Another interesting finding of the tribunal is that some of the privacy policy of the companies offended Nigerian laws. This is particularly interesting, as it is common practice for online companies to use their so-called privacy policy to strangulate the rights of consumers. And many times without reading or understanding the clauses, consumers quickly agree to them.

    The finding of the tribunal is in agreement with the judgment of a Federal High Court in Lagos, which earlier this year affirmed that FCCPC has statutory authority to regulate competition and consumer protection, across all sectors, including telecommunications.

    In that case, a shareholder of MTN had sought the order of court that only the Nigerian Communications Commission (NCC) has statutory authority to regulate telecommunication companies. But Justice F. N. Ogazi held that section 90 of the Nigerian Communications Act (NCA) 2003 which grants NCC jurisdiction over competition matters within the telecommunication industry must be read alongside section 104 of the Federal Competition and Consumer Protection Act, 2018, which established the FCCPC as the primary regulatory authority on competition and consumer protection across all sectors.

    The exploitation of consumers and abuse of competition policies is a common practice, amongst members of the corporate Nigeria, whether private or public. Companies which have monopoly in Nigeria, engage in mind- boggling exploitations, and can only be called to order by an institutional regulator like FCCPC.

    Companies that inherited the defunct National Electric Power Authority (NEPA) are amongst the top abusers of their consumers. Again, the dominant force in the PayTv sector, the Multichoice, owners of DSTV, has been accused of abusing its monopoly of premiership broadcast in that sector.

    Some supermarkets also engage in price gouging or predatory pricing which are anti-competitive behaviours. As the commission found out sometime ago, supermarkets were practicing price gouging, in anticipation of inflationary pressure, such that prices of goods sold in Nigeria were significantly higher than what is obtainable outside the country.

    We commend the commission under the leadership of Mr. Tunji Bello, Executive Vice Chairman/CEO of FCCPC, for its efforts and urge them not to relent.

  • Telecom tariff increase must result insignificant service improvements— FCCPC

    Telecom tariff increase must result insignificant service improvements— FCCPC

    The Federal Competition and Consumer Protection Commission (FCCPC) has acknowledged the announcement of the Nigerian Communications Commission (NCC), approving a 50% adjustment in telecommunications tariffs.

    According to the FCCPC Director, Corporate Affairs, Ondaje Ijagwu, while acknowledging the economic pressures faced by telecom operators, including increasing operational costs, FCCPC assured that the consumers’ interests would remain paramount.

    According to a press statement signed by Ijagwu, FCCPC  commended the NCC for adopting a deliberate and measured approach by rationalising the tariff adjustment and linking it to commensurate improvements in service quality while implementing measures to mitigate the impact on consumers.

    “The NCC’s approval of a 50% adjustment, which is lower than the over 100% increase initially proposed by operators, demonstrates a thoughtful effort to balance industry sustainability with consumer protection,” the statement said.

    FCCPC said it was pleased with the NCC’s directive to operators to ensure that, henceforth, tariffs are clear, straightforward, and free of hidden charges or complexities, adding that operators are now required to disclose all key details upfront, including the cost, validity period, and the specific inclusions of a plan. “Consumers can also expect a mandatory disclosure table from their service providers, enabling them to make informed decisions without worrying about unexpected charges or surprises,” the statement further stated.

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    FCCPC noted that the Memorandum of Understanding (MoU) recently signed between the FCCPC and NCC, highlights a shared commitment to ensuring robust consumer protection, fair competition, and the eradication of exploitative practices in the telecommunications sector. “It reinforces the principle that any regulatory or pricing adjustment must balance the sustainability of the industry with the interests of consumers.”

    FCCPC further stated that it is non-negotiable that telecom operators must prioritise visible and measurable improvements in network reliability, speed, accessibility, and customer service as part of any tariff adjustment stressing that the rationale for the increase must be reflected in better services for consumers who rely on telecommunications for both personal and business purposes.

    “Operators are expected to allocate increased revenues responsibly, with an emphasis on infrastructure development and service delivery improvements. Clear mechanisms must be established to monitor how these funds are utilised, ensuring that consumers directly benefit from the adjustments.”