The Competition and Consumer Protection Tribunal has affirmed the $220 million penalty imposed on Meta Platforms Inc. and its subsidiary, WhatsApp LLC, for breaching Nigeria’s data privacy regulations.
Delivering judgment on Friday in Abuja, a three-member panel led by Thomas Okosun ruled in favour of the Federal Competition and Consumer Protection Commission (FCCPC), upholding the commission’s findings and enforcement actions in nearly all contested areas. The tribunal also awarded an additional $35,000 in costs to the FCCPC for investigative expenses, with all payments to be made within 60 days.
The tribunal’s decision followed an appeal filed by Meta and WhatsApp, who challenged the Commission’s authority and findings. However, the court ruled that the FCCPC acted within its constitutional and statutory mandate.
FCCPC Director of Corporate Affairs, Ondaje Ijagwu, in a statement on Friday, described the ruling as a significant validation of the Commission’s processes. The tribunal concluded that the agency adhered to due process and provided Meta and WhatsApp ample opportunity to defend themselves.
The fine, which was first issued on July 19, 2024, stemmed from a joint investigation launched in 2020 by the FCCPC and the Nigeria Data Protection Commission. The probe examined the data policies and user privacy practices of Meta’s platforms, including Facebook, WhatsApp, and Instagram.
While the tribunal upheld most parts of the FCCPC’s final order, it struck out one of the Commission’s directives—Order 7—citing insufficient legal grounds.
Meta has signaled its intention to appeal the judgment, maintaining that the Commission overstepped its powers and contesting the findings related to its data practices.
Reacting to the judgment, FCCPC’s Executive Vice Chairman and CEO, Mr. Tunji Bello, praised the agency’s legal team for their rigorous efforts and reiterated the Commission’s dedication to protecting consumers and ensuring ethical business conduct in Nigeria.
