A Nigerian tribunal has upheld a massive $220 million fine imposed on Meta Platforms (the parent company of Facebook) and WhatsApp LLC by the Nigerian government.
The decision came after Meta and WhatsApp appealed the fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC). The regulatory body had concluded that the tech giants engaged in discriminatory and exploitative practices against Nigerian consumers.
The fine stemmed from a 38-month joint investigation conducted by the FCCPC and the Nigeria Data Protection Commission (NDPC). The inquiry focused on the companies’ privacy practices, consumer data policies, and overall conduct.
Ruling in Favour of the FCCPC
On Friday, the Competition and Consumer Protection Tribunal ruled in favour of the FCCPC, affirming the regulatory body’s authority and confirming the actions it had taken against Meta and WhatsApp.
The tribunal stated that the FCCPC had acted within the bounds of the 1999 Constitution (as amended) and fully discharged its mandate. It also determined that the violations identified by the FCCPC were correct, reaffirming the regulatory body’s position on the issue.
In addition to upholding the fine, the Tribunal also awarded $35,000 to the FCCPC for investigation costs.
Legal Teams and Proceedings
The legal teams of both parties made their final arguments on January 28, 2025. Meta and WhatsApp were represented by Gbolahan Elias (SAN), while the FCCPC’s legal team was led by Babatunde Irukera.
The FCCPC first imposed the $220 million fine on July 19, 2024, after concluding that the companies had exploited Nigerian consumers through their practices. Meta and WhatsApp appealed the fine, questioning both the findings and the legal basis for the penalty.
Tribunal’s Findings
The Tribunal dismissed most of the appellants’ objections, ruling in favour of the FCCPC on several key issues:
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Fair Hearing: The Tribunal affirmed that the FCCPC had allowed Meta and WhatsApp sufficient opportunity to respond, ruling no violation of constitutional due process.
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Commission’s Authority: It upheld the FCCPC’s powers in regulating competition, consumer protection, and data privacy, noting that the Commission was within its statutory mandate.
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Privacy Policies: The Tribunal agreed with the FCCPC’s conclusion that Meta’s privacy policy violated Nigerian law.
However, the Tribunal did set aside one specific order from the FCCPC’s Final Order, stating it lacked sufficient legal basis.
FCCPC’s Commitment to Consumer Protection
FCCPC’s Executive Vice Chairman/CEO, Tunji Bello, expressed satisfaction with the landmark judgment and praised the legal team for their meticulous work in assembling evidence. He reiterated the Commission’s commitment to protecting the rights of Nigerian consumers and ensuring fair business practices in line with the FCCPA (2018) and President Bola Ahmed Tinubu’s Renewed Hope Agenda.
