The Competition and Consumer Protection Tribunal has upheld the $220 million fine imposed on Meta Platforms Incorporated by the Federal Competition and Consumer Protection Commission (FCCPC), affirming the Commission’s findings of consumer rights violations.
In a statement released Friday, FCCPC Director of Corporate Affairs, Ondaje Ijagwu, said the Tribunal also awarded the Commission an additional $35,000 to cover investigation costs.
The Tribunal, led by Hon. Thomas Okosun, ruled that the FCCPC had acted within its constitutional authority under the 1999 Constitution (as amended), properly discharging its investigative and quasi-judicial functions. It also validated the Commission’s findings of multiple violations by Meta and its subsidiary, WhatsApp.
Legal teams for both sides presented final arguments on January 28, 2025. Meta and WhatsApp were represented by Gbolahan Elias (SAN), while Babatunde Irukera led the FCCPC’s legal team.
The FCCPC originally issued the $220 million administrative penalty on July 19, 2024, following a joint 38-month investigation with the Nigeria Data Protection Commission (NDPC) into Meta’s consumer data policies and privacy practices. The Commission found Meta engaged in discriminatory and exploitative practices against Nigerian consumers.
Meta challenged the fine and the FCCPC’s jurisdiction, but the Tribunal largely dismissed their appeal.
Specifically, the Tribunal ruled:
On the claim of breach of fair hearing (Issue 3), the Tribunal found that the FCCPC provided Meta ample opportunity to respond, satisfying constitutional due process requirements.
On the question of FCCPC’s authority over data protection matters (Issue 4), the Tribunal confirmed that the Commission acted within its statutory powers under Section 104 of the FCCPA (2018).
On the findings regarding Meta’s privacy policies (Issue 5), the Tribunal agreed that Meta’s policies violated Nigerian law.
Although the Tribunal set aside one portion of the FCCPC’s Final Order (Order 7), citing insufficient legal grounding, it upheld the Commission’s primary findings and penalties.
FCCPC Executive Vice Chairman and CEO, Tunji Bello, hailed the judgement as a major victory for Nigerian consumers and reaffirmed the agency’s commitment to promoting fair business practices in line with the Renewed Hope Agenda of President Bola Ahmed Tinubu.
“We remain resolute in protecting consumer rights and ensuring businesses operate fairly under the FCCPA framework,” Bello said.
