Nigerian Tribunal Upholds FCCPC $220m Fine Against Meta, Orders Immediate Changes to WhatsApp Data Practices
On Friday, the Nigeria Competition and Consumer Protection Court presented a resounding defeat to Meta Platform Incorporated and its subsidiary WhatsApp, rejecting their appeal and affirming a 220 million dollars penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) for alleged practices of discrimination of data targeting data Nigerians.
In addition to the fine, the court also ordered technology giants to reimburse $ 35,000 FCCPC to cover the cost of its investigation in alleged misconduct.
The panel of the tribunal of three members, led by Thomas Okosun, judged that the penalty was legally valid and in accordance with consumer protection laws and Nigeria data. The decision followed months of legal fights that started when Meta and WhatsApp have challenged the FCCPC sanction for 22 different reasons, alleging, among other things, that the commission guidelines were vague, impracticable and contrary to Nigerian law.
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The verdict, delivered to Abuja, highlights a wider survey that started after the FCCPC alarm on what he described as operating, abusive and invasive data practices by Meta and Whatsapp. The Commission allegedly alleged that Meta was engaged in unauthorized data transfers and the invasive profiling of Nigerian users, which, according to the FCCPC, have violated both the executives of the Nigerian constitution and the protection of existing data.
Meta and WhatsApp were represented in court by Professor Gbolahan Elias, San, while the FCCPC legal team was led by Babatunde Irukera, San, the former executive vice president of the Commission. The two parties had advanced the final arguments before the court on January 28, 2025, after which the judgment was reserved.
In their submissions, Meta and WhatsApp argued that they were refused a fair hearing, saying that they had not had the opportunity to understand how the FCCPC came to the figure of $ 220 million or to respond to the methodology used in the calculation. They also argued that the construction of a consent mechanism for each data point processed by Nigerian users would not only be technically impossible but also financially exorbitant.
But the FCCPC rejected these complaints, saying that the penalty was not simply punitive but aimed to correct what it called discriminatory practices. According to Irukera, the conclusions of the Commission have revealed serious offenses, in particular the unauthorized transfer of data from Nigerian consumers to third parties, in violation of local confidentiality regulations and global data protection standards.
During the procedure, Elias urged the court not to rely on foreign previous ones in the judgment of the issue, declaring that the legal context of Nigeria was distinct and that no abuse of domination had occurred because users always had alternative platforms such as Tiktok and Google meet. However, Irukera a set that by arguing that if foreign laws may not be binding in Nigeria, they remain convincing, in particular in similar market and regulation contexts.
As part of its arguments, the FCCPC asked that the court allowed it to submit its full internal investigation file to support transparency in arbitration. While the court partially blocked this submission, it accepted an internal memo dated May 7, 2024, as well as an e-mail of the law firm Udoma Udoma and another FCCPC memo, as an additional material.
By pronouncing the final verdict, the court judged that the FCCPC had not exceeded its legal authority and had acted in its statutory powers under the FCCPC law and the law on the proof of Nigeria. Okosun rejected the call for all reasons, declaring that Meta and WhatsApp had had the opportunity to present their case and had received a fair audience throughout the process.
“The appellants have had many opportunities to be heard,” said Okosun.
“The court notes that the FCCPC has not exceeded its powers while moving orders with regard to data protection.”
According to the court, the FCCPC’s final and additional orders were properly executed and the social media giants had not produced convincing evidence which refuted the conclusions of the Commission. The Committee also judged that companies violated the laws of Nigeria on data protection by transferring user information to third parties without consent, a practice integrated into the privacy policy of WhatsApp and Meta that the court found illegal under Nigerian law.
Okosun also pointed out that unlike the appellants’ position, the actions of the FCCPC were not arbitrary. He judged that the Commission had the mandate to combat market domination and apply the protections of consumer rights, especially in the digital markets where users are often vulnerable to confidentiality.
“The court does not find any error in the global orders of the FCCPC,” held the court.
“Consequently, the FCCPC administrative sanctions were legally imposed on Meta and Whatsapp.”
In its final statements, the court has published a series of binding orders. Meta and WhatsApp must immediately restore the rights of Nigerian users to determine how their personal data is shared. Companies are also required to submit a letter of compliance to this directive to the FCCPC by July 1, 2025. In addition, META should return to its 2016 data sharing policy and stop WhatsApp for Facebook and other third -party platforms, unless explicit consent is obtained from Nigerian users.
Companies are mandated to provide their data framework proposed within 10 days at the FCCPC and Nigeria Data Protection Commission (NDPC). The same policy must be accessible to the public. Evidence of conformity must also be presented, the court stressing that companies must allow Nigerians “to fully express their legitimate right to relate to each point of data”.
In addition, the court judged that META had to pay the fine of $ 220 million no later than 60 days from April 30, 2025 and reimburse the FCCPC $ 35,000 for its investigation fees.
Following the decision, WhatsApp defended its data practices, declaring that in 2021 he had informed world users of the way communications with companies are managed. He noted that, even if it has generated initial confusion, practice has since become “very popular”.
Nevertheless, the judgment in Nigeria adds to an increasing list of regulatory repression on large technological companies concerning data confidentiality problems. Meta, as well as companies like Amazon and Google, have been faced in recent years with significant fines under the General Data Protection of the European Union (GDPR). In 2023, the European Data Protection Office inflicted a fine on Meta a record of 1.2 billion euros for similar violations of the confidentiality rules, highlighting a world model of application which now includes Nigeria.
The court’s decision firmly establishes the FCCPC authority in the Nigeria digital economy, analysts suggesting that the verdict could create a precedent for the future data protection and consumer rights application. It also reports a regulatory climate of tightening foreign technology companies operating on the Nigeria fast -growing digital market.
