NIGERIA: Tribunal upholds FCCPC's $220m fine against Meta

The Competition and Consumer Protection Tribunal has affirmed the $220 million fine imposed on Meta Platforms Inc. by the Federal Competition and Consumer Protection Commission (FCCPC).

FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, confirmed the ruling in a statement on Friday, adding that the tribunal also awarded the commission an additional $35,000 to cover investigation expenses.

In July 2024, Nigeria, through the FCCPC, slammed a $220 million fine on Meta for alleged data privacy breaches.

The company was found answerable for denying Nigerian data subjects the right to self-determination, unauthorised transfer and sharing of Nigerian data, including cross-border storage in violation, discrimination and disparate treatment, abuse of dominance, and tying and bundling.

Meta challenged this fine on 22 grounds, arguing that the Commission’s directives were vague, technically unfeasible, and unsupported by Nigerian law. It also claimed that it was denied a fair hearing and had no opportunity to respond to how the fine was calculated.

However, the tribunal dismissed these claims, ruling that Meta and WhatsApp had been granted ample opportunity to defend themselves and failed to present compelling evidence to overturn the Commission’s findings.

“The appellants were given ample opportunity to be heard,” said Okosun, rejecting allegations of procedural unfairness.

According to the FCCPC, the fine followed extensive investigations into Meta’s handling of Nigerian user data, during which the commission uncovered exploitative practices that allowed unauthorised access to personal information. The FCCPC argued that Meta’s conduct violated constitutional privacy guarantees and reinforced data governance inequalities.

Meta’s legal team, led by Professor Gbolahan Elias (SAN), had argued that the FCCPC was relying too heavily on foreign legal frameworks that do not apply to Nigeria.

“There is no abuse of dominance since users can choose from other providers such as TikTok and Google Meet,” Elias said, calling the directives burdensome and excessive.

However, Babatunde Irukera (SAN), former executive vice chairman of the Commission, maintained that while foreign rulings are not binding, they are persuasive and relevant in similar legal contexts. He defended the fine as a corrective, not punitive, measure intended to end discriminatory practices and safeguard user consent.

The tribunal agreed, affirming that the FCCPC acted within its legal authority. It noted that the final and supplementary orders issued by the Commission were executed in line with the FCCPC Act and Nigeria’s Evidence Act. It further ruled that Meta’s transfer of user data to third parties without explicit consent violated Nigeria’s data protection laws.

“The tribunal finds no error in the overall orders of the FCCPC,” the panel held. “The administrative penalties were lawfully imposed.”

In addition to upholding the fine, the tribunal issued a series of compliance directives. Meta must immediately restore Nigerian users’ rights to control how their data is shared and revert to its 2016 data-sharing policy. The company must also submit a proposed data policy to the FCCPC and the Nigeria Data Protection Commission (NDPC) within 10 days and publish it publicly.

Meta is further required to cease tying WhatsApp data to Facebook or any third party without clear, informed consent and must provide evidence of compliance. It added that a formal compliance letter is due by July 1, 2025.

It was reported  In 2023 that the company was fined €1.2 billion by the European Data Protection Board for breaching EU privacy regulations, the largest GDPR penalty on record.