The Competition and Consumer Protection Tribunal has upheld $220 million administrative penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) on Meta Platforms Incorporated (Facebook) and WhatsApp LLC.
In a statement issued on Friday, Ondaje Ijagwu, Director of Corporate Affairs at the agency, announced that the tribunal upheld the commission’s legal authority and validated its investigative findings.
On 19 July 2024, FCCPC imposed a $220 million fine on Meta, the parent company of WhatsApp, Facebook, and Instagram, over multiple breaches of data privacy regulations.
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Meta has, however, indicated its intention to appeal the penalty.
The case originated from a 38-month joint investigation launched in 2020 by the FCCPC and the Nigeria Data Protection Commission (NDPC), examining the companies’ handling of consumer data and their adherence to privacy standards.
The judgment delivered by a three-member panel of the tribunal, led by Thomas Okosun, ruled in favour of the FCCPC on nearly all disputed issues raised by the appellants.
Meta and WhatsApp had filed an appeal challenging the Commission’s July 2024 Final Order, which concluded that the companies engaged in discriminatory and exploitative practices against Nigerian consumers.
The tribunal affirmed that the FCCPC acted within the bounds of the 1999 Constitution (as amended), complied with applicable laws, and exercised its statutory mandate lawfully.
It held that the commission’s findings were valid and its procedures met constitutional due process requirements.
Among the key determinations, the tribunal ruled that the FCCPC provided a fair hearing to the appellants and fully discharged its quasi-judicial responsibilities.
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It also held that the commission acted within its legal mandate under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) in handling matters related to data protection and privacy.
Furthermore, the tribunal validated the FCCPC’s findings that Meta’s privacy policies violated Nigerian law.
However, while Issue 7 was largely resolved in the commission’s favour, order 7 of the final order was set aside for lacking sufficient legal basis.
The tribunal also awarded $35,000 to the FCCPC as the cost of its investigation, in addition to affirming the $220 million penalty.
Legal representation for Meta and WhatsApp was led by Professor Gbolahan Elias, while the FCCPC’s team was headed by Babatunde Irukera.
Final arguments were presented on January 28, 2025.
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Reacting to the judgment, FCCPC Executive Vice Chairman/CEO, Tunji Bello, hailed the decision as a milestone for consumer protection and regulatory enforcement in Nigeria.
He commended the commission’s legal team for their diligence and forensic expertise.
He reaffirmed the FCCPC’s commitment to safeguarding consumer rights and promoting fair business practices in line with the FCCPA (2018) and President Bola Tinubu’s Renewed Hope Agenda.
