Meta Platforms Inc., the parent company of Facebook and Instagram, has initiated out-of-court settlement discussions with the Nigeria Data Protection Commission (NDPC) following a legal dispute over a hefty $32.8 million fine and a series of compliance directives issued by the Commission. The penalties stem from alleged violations of Nigeria’s data protection laws involving the personal data of Nigerian users.
The development was disclosed on Friday during a scheduled hearing before Justice James Omotosho of the Federal High Court in Abuja, where both parties confirmed that settlement negotiations had reached an advanced stage. The court had been set to rule on two key motions: NDPC’s preliminary objection to Meta’s lawsuit and Meta’s request to amend its court filings.
Background to the Dispute
The legal battle began after the NDPC, on February 18, 2025, imposed a $32.8 million fine on Meta and issued eight corrective orders for alleged breaches of the Nigeria Data Protection Act, signed into law by President Bola Tinubu in June 2023.
The Commission acted on a petition filed by the Personal Data Protection Awareness Initiative (PDPAI), a civil society group, which accused Meta of engaging in behavioral advertising on Facebook and Instagram without obtaining explicit consent from Nigerian users. Additional allegations included:
- Failure to submit a 2022 compliance audit
- Breach of cross-border data transfer regulations
- Processing data of non-users of Meta platforms
Meta responded by filing a lawsuit challenging both the substance and procedure of the NDPC’s enforcement actions. In its motion filed on March 19, Meta argued that it was denied fair hearing and due process, claiming the Commission failed to provide adequate notice or an opportunity to respond before issuing its final orders.
Meta’s lead counsel, Prof. Gbolahan Elias, SAN, urged the court to nullify the enforcement orders, citing violations of Section 36 of the Nigerian Constitution, which guarantees the right to a fair hearing.
NDPC’s Response
In its preliminary objection, the NDPC, represented by Adeola Adedipe, SAN, argued that Meta’s lawsuit was procedurally flawed and “grossly incompetent.” The Commission claimed that Meta failed to comply with Order 34 of the Federal High Court (Civil Procedure) Rules, 2019, which governs judicial review processes.
Adedipe further contended that Meta’s attempt to amend its filings was improper, as it sought to substitute reliefs already ruled on ex parte with new claims, which is not permissible under court rules.
Court Proceedings and Settlement Talks
During Friday’s hearing, Meta’s counsel Fred Onwuobia, SAN, requested the court to defer its ruling, citing ongoing settlement discussions. He noted that both parties had exchanged draft terms of settlement and expressed concern that a ruling at this stage could jeopardize the negotiations.
Adedipe confirmed the progress of the discussions and supported the request for an adjournment, stating that the parties hoped to return with a consent judgment reflecting the agreed terms.
Justice Omotosho, acknowledging the court’s preference for amicable resolution, agreed to postpone the ruling. He adjourned the matter to October 31, 2025, for either the adoption of the settlement terms or delivery of a formal ruling.
Broader Implications
The case against Meta is part of NDPC’s broader enforcement drive under the Nigeria Data Protection Act. In a similar action, the Commission recently fined Multichoice Nigeria, operator of DStv and GOtv, ₦766.2 million for data privacy violations. Multichoice was found to have unlawfully transferred personal data across borders and processed the data of individuals who were not subscribers.
These enforcement actions signal NDPC’s growing assertiveness in holding tech and media companies accountable for data protection compliance, reinforcing Nigeria’s commitment to safeguarding digital rights in an increasingly connected economy.
