ABUJA, Nigeria – 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) over violations against Nigerian consumers.
The tribunal also awarded the commission $35,000 to cover the investigation costs.
In a statement on Friday, April 25, 2025, Ondaje Ijagwu, the FCCPC’s Director for Corporate Affairs, announced the tribunal’s decision.
He explained that the Tribunal had confirmed that the commission had adhered to the laws in place, fulfilling its mandate and exercising its powers under the 1999 Constitution (as amended).
Ijagwu noted that the Tribunal validated the commission’s findings, stating that the actions of WhatsApp and Meta were indeed discriminatory and exploitative, and the Commission had properly identified these violations.
He added that the Tribunal also determined that the commission had not made any errors in its findings.
The tribunal’s ruling was made by a three-member panel, led by Honorable Thomas Okosun, with the legal teams from both Meta and the FCCPC presenting their final arguments on January 28, 2025.
Meta and WhatsApp, dissatisfied with the $220 million fine imposed by the FCCPC in July 2024, had appealed the decision.
The FCCPC’s penalty came after a joint 38-month investigation conducted alongside the Nigeria Data Protection Commission (NDPC) into Meta’s conduct, privacy practices, and consumer data policies.
Meta had contested the order, challenging both the legal basis for the fine and the commission’s findings.
However, the Tribunal upheld the majority of the FCCPC’s findings, including issues regarding the company’s privacy policies and consumer rights.
The Tribunal addressed several key issues raised by Meta’s legal team:
Fair Hearing: One of the issues raised by Meta was a breach of fair hearing.
The Tribunal sided with the FCCPC, ruling that the commission had provided sufficient opportunities for Meta to respond, and no constitutional due process was violated.
Data Protection and Privacy: Meta challenged the commission’s jurisdiction over data protection and privacy matters.
The Tribunal reaffirmed the FCCPC’s authority, noting the commission’s power under Section 104 of the FCCPA to regulate competition and consumer protection in all sectors, including regulated industries like telecommunications.
Privacy Policies: The Tribunal found that Meta’s privacy policies violated Nigerian law, ruling in favor of the FCCPC’s findings on this issue.
However, the Tribunal did set aside Order 7 of the FCCPC’s Final Order, stating it lacked a sufficient legal basis.
FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, expressed his satisfaction with the judgment, commending the legal team for their thorough investigation and compelling arguments.
He reiterated the FCCPC’s commitment to ensuring the protection of Nigerian consumers’ rights and maintaining fair business practices in line with the Federal Competition and Consumer Protection Act (FCCPA, 2018) and President Bola Ahmed Tinubu’s Renewed Hope Agenda.
