The Federal High Court in Abuja has struck out the criminal case instituted by the Federal Competition and Consumer Protection Commission, FCCPC, against Qatar Airways and four of its senior executives, including the airline’s Chief Executive Officer, Mr. Temi Birdzell.
Delivering the ruling on Tuesday, Justice James Omotosho dismissed the case to enable the FCCPC properly serve all defendants with court processes in accordance with procedural requirements.
The decision temporarily halts the commission’s attempt to prosecute the accused persons over alleged violations of consumer protection laws.
Other defendants in the case include Stella Ihediwa, the airline’s Account Manager; Kennedy Chirchir, its Country Manager; and Eva Ojeje, the company’s Sales Manager. The four executives were charged alongside Qatar Airways as the first defendant in the suit marked FHC/ABJ/CR/200/2025.
At the hearing, counsel to the FCCPC, Mr. Daniel Amadi, informed the court that the commission had not been able to serve all defendants in the case despite several efforts. Justice Omotosho subsequently ruled that the proceedings could not go forward without proper service, thereby striking out the matter.
The FCCPC had earlier filed a two-count charge against the airline and its officers on May 27, 2025, accusing them of breaching provisions of the FCCPC Act, 2018.
The charges stemmed from the alleged failure of the defendants to comply with lawful summonses and document requests from the commission during an ongoing investigation into consumer rights violations.
According to court filings, the commission alleged that the defendants failed to appear before it on September 6, 2024, in defiance of a lawful summons — an offence punishable under Section 33(3) of the FCCPC Act, 2018.
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They were also accused of intentionally withholding key documents required by the commission on September 18, 2024, a separate offence under Section 111 of the same Act.
A third count in the charge alleged that the defendants engaged in acts that contravened the consumer rights of Nigerian passengers, an offence contrary to Section 124(1) and punishable under Section 155 of the FCCPC Act.
The commission had planned to arraign the defendants on June 24, 2025, but the process was delayed and eventually fixed for October 7. However, the failure to properly serve the defendants again stalled the proceedings.
The FCCPC retains the right to refile the charges once it ensures that all the defendants have been duly served in line with legal procedure.
The matter has attracted attention within aviation and regulatory circles, highlighting the challenges enforcement agencies often face when prosecuting foreign corporations operating in Nigeria.
For now, the FCCPC is expected to review its litigation strategy to ensure compliance with procedural rules before refiling the charges, should it decide to pursue the case again.
NAN
