By Kabiru Abdulrauf
In a landmark ruling that reaffirms Nigeria’s regulatory authority in digital and data protection matters, the Competition and Consumer Protection Tribunal has upheld a $220 million fine imposed on Meta Platforms Inc. and WhatsApp LLC by the Federal Competition and Consumer Protection Commission (FCCPC) for multiple data privacy violations.
The decision, delivered by a three-member panel led by Thomas Okosun in Abuja, also ordered Meta and WhatsApp to pay an additional $35,000 to cover investigation costs, bringing the total sum to be paid to $220.035 million within 60 days.
The ruling stems from a 38-month investigation carried out jointly by the FCCPC and the Nigeria Data Protection Commission (NDPC), which began in 2020. The probe found Meta and WhatsApp guilty of breaching Nigerian data privacy laws and engaging in anti-competitive practices through their platforms, including Facebook and Instagram.
According to Ondaje Ijagwu, FCCPC’s Director for Corporate Affairs, the tribunal validated nearly all aspects of the Commission’s case, ruling that the FCCPC acted within its constitutional and statutory powers, and complied fully with due process requirements.
“One of the most contested issues, the alleged breach of fair hearing, was resolved in the FCCPC’s favor,” the statement read. “The Tribunal affirmed that Meta and WhatsApp were given adequate opportunity to respond and that the Commission’s procedures were lawful and transparent.”
Meta’s legal team, led by Professor Gbolahan Elias (SAN), had challenged the Commission’s findings, while the FCCPC was represented by Mr. Babatunde Irukera. The Tribunal dismissed most of Meta’s objections, including those questioning the Commission’s jurisdiction over data privacy matters.
While most of the Commission’s orders were upheld, the Tribunal did set aside Order 7 of the FCCPC’s Final Order for lacking a solid legal foundation.
FCCPC’s Executive Vice Chairman, Mr. Tunji Bello, hailed the judgment as a win for Nigerian consumers and reaffirmed the Commission’s commitment to enforcing fair business practices in alignment with the FCCPA (2018) and the Renewed Hope Agenda of President Bola Ahmed Tinubu.
This ruling is expected to set a precedent for digital compliance and consumer protection enforcement in Nigeria’s rapidly evolving tech space.
