By IDNN Reporter/Published April 25, 2025
A Nigerian competition tribunal has upheld the $220 million penalty levied against Meta Platforms Inc. and its subsidiary, WhatsApp, over discriminatory data practices affecting Nigerian users.
The tribunal’s three-member panel, chaired by Thomas Okosun, also ordered Meta to pay an additional $35,000 to cover the investigation costs incurred by the Federal Competition and Consumer Protection Commission (FCCPC).
The fine, originally imposed in July 2024, followed a wide-ranging probe into Meta’s handling of Nigerian user data, revealing breaches that included unauthorized transfer of personal data, cross-border storage without consent, abuse of market dominance, and tying and bundling of services.
FCCPC Accusations and Meta’s Defense
The FCCPC accused Meta of infringing on the constitutional rights of Nigerians to privacy and self-determination, alleging that the company’s practices entrenched systemic inequalities in data governance.
In response, Meta mounted a legal challenge based on 22 separate grounds, claiming that the FCCPC’s directives were vague and impractical. Meta’s counsel, Professor Gbolahan Elias (SAN), argued that Nigerian law did not support the fine and insisted there was no abuse of dominance, citing alternative platforms like TikTok and Google Meet.
However, the tribunal dismissed Meta’s objections, ruling that the company was given ample opportunity to defend itself but failed to counter the evidence presented by the FCCPC effectively.
“The appellants were given ample opportunity to be heard,” Okosun stated, rejecting claims of procedural unfairness.
Compliance Orders Against Meta
Beyond affirming the monetary penalty, the tribunal issued strict compliance measures:
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Immediate restoration of Nigerian users’ data control: Meta must return to its 2016 data-sharing policies unless users explicitly consent to updates.
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Revised data policy: The company must submit a new data usage proposal to the FCCPC and the Nigeria Data Protection Commission (NDPC) within 10 days.
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Public disclosure: Meta must publish its revised policy openly.
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Strict prohibition: No linking of WhatsApp data to Facebook or third parties without explicit user consent.
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Compliance reporting: Meta must file a formal compliance report by July 1, 2025.
Defending the Commission’s reliance on international data protection principles, former FCCPC executive vice chairman, Babatunde Irukera (SAN), emphasized that while foreign rulings are not binding, they offer persuasive authority in related cases.
“The fine was not intended to punish but to correct harmful practices and protect Nigerian users’ rights,” Irukera said.
The tribunal concluded that the FCCPC acted within its legal mandate, finding no error in its orders against Meta.
