The Competition and Consumer Protection Tribunal has confirmed a $220 million penalty imposed on Meta Platforms Inc. by Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC).
In a statement issued Friday by FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, the tribunal also ordered Meta to pay an additional $35,000 to cover the cost of the commission’s investigation.
The original fine was levied on July 19, 2024, following a joint 38-month investigation conducted by the FCCPC and the Nigeria Data Protection Commission (NDPC).
The inquiry focused on how Meta and its subsidiaries—Facebook, Instagram, and WhatsApp—handled user data and privacy.
Meta has since indicated its intention to challenge the decision through an appeal.
The tribunal, presided over by Thomas Okosun, delivered its ruling in Abuja, asserting that the FCCPC acted lawfully and within the scope of its constitutional and statutory responsibilities.
The body dismissed the appeals filed by Meta and WhatsApp, which had contested the legitimacy of the FCCPC’s actions and conclusions.
The tribunal supported nearly all aspects of the FCCPC’s case, rejecting objections raised by Meta’s legal team, led by Gbolahan Elias (SAN). Babatunde Irukera represented the FCCPC during the proceedings. Final arguments in the case were heard on January 28.
Tribunal Finds No Breach of Due Process
The ruling emphasised that the FCCPC followed due process, particularly regarding claims of unfair hearing.
According to the tribunal, Meta and WhatsApp were given adequate opportunities to respond during the investigation.
In its findings, the tribunal reaffirmed the FCCPC’s authority to regulate privacy and consumer protection issues—even within already regulated sectors—under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA).
Additionally, the tribunal agreed with the commission’s assessment that certain elements of Meta’s privacy policy violated Nigerian law.
However, it did set aside one aspect—Order 7—of the commission’s final directive, citing insufficient legal justification for that specific order.
Reacting to the verdict, FCCPC’s Executive Vice Chairman and CEO, Tunji Bello, hailed the judgment as a pivotal moment for consumer rights enforcement in Nigeria.
He praised the commission’s legal team for their rigorous efforts and reiterated the agency’s resolve to continue upholding the FCCPA in alignment with President Bola Tinubu’s Renew Hope Agenda.
