The Nigerian Competition and Consumer Protection Tribunal has upheld the Federal Competition and Consumer Protection Commission’s (FCCPC) $220 million fine against Meta Platforms Incorporated and WhatsApp LLC, affirming the regulator’s authority and actions on nearly all disputed issues.
In a ruling delivered by a three-member panel led by Honorable Thomas Okosun, the Tribunal confirmed that the FCCPC acted within the limits of Nigerian law and the 1999 Constitution (as amended), dismissing Meta and WhatsApp’s appeals. The Tribunal further ordered Meta and WhatsApp to pay an additional $35,000 to cover the FCCPC’s investigation costs.
The case stems from a 38-month investigation conducted jointly by the FCCPC and the Nigeria Data Protection Commission (NDPC), examining the companies’ consumer data policies and privacy practices. The investigation concluded in 2024, leading the FCCPC to impose the initial penalty, citing discriminatory and exploitative practices against Nigerian consumers.
Meta and WhatsApp, represented by a legal team headed by Professor Gbolahan Elias (SAN), challenged both the findings and the legal basis of the FCCPC’s final order, arguing procedural flaws and an alleged breach of fair hearing. However, the Tribunal dismissed these objections, finding that the Commission had afforded Meta and WhatsApp sufficient opportunity to defend themselves and had fully discharged its quasi-judicial responsibilities.
Significantly, the Tribunal ruled that the FCCPC was within its statutory mandate to regulate issues of consumer protection and data privacy, even within sectors that already have specific regulatory frameworks, reaffirming its powers under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA).
Although Meta’s appeal raised multiple issues, the Tribunal resolved Issues 1 through 7 largely in favor of the FCCPC. The only exception was a minor technical point, where the Tribunal set aside one part (Order 7) of the Commission’s Final Order for lacking sufficient legal basis.
In addition to the financial penalties, Meta and WhatsApp must comply with new data protection obligations. They have been ordered to revise their privacy policies for Nigerian users, reinstate stronger user controls over data sharing, and cease unauthorized data transfers to third parties, including Facebook. A compliance letter is due by July 1, 2025, while the financial penalties must be settled by April 30, 2025.
Reacting to the ruling, FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, hailed the judgment as a landmark moment for consumer protection enforcement in Nigeria. He praised the Commission’s legal team for their diligent work and reaffirmed the FCCPC’s commitment to championing Nigerian consumers’ rights and promoting fair business practices, aligning with the federal government’s Renewed Hope Agenda.
The ruling comes as part of a broader global trend where regulators are increasingly imposing hefty fines on tech giants over data protection and consumer rights violations.
