The Nigeria Data Protection Commission (NDPC) and Meta Platforms, Inc., on Friday, agreed to settle out of court over the $32.8 million fine imposed on the company by the regulatory agency.
Counsel for the parties informed Justice James Omotosho of the Federal High Court in Abuja shortly after the matter was called for ruling.
Justice Omotosho had, on July 16, scheduled Friday for ruling on NDPC’s preliminary objection to the suit filed by Meta, the parent company of Facebook and Instagram. The judge had also slated the same day for ruling on Meta’s request to amend its processes.
The NDPC had, on February 18, imposed a remedial fee of $32,800,000 and issued eight corrective orders against Meta Inc. The American multinational technology company was alleged to have violated the fundamental privacy rights of its Nigerian users regarding behavioural advertising on Facebook and Instagram.
Dissatisfied with the action, Meta filed a motion ex-parte on February 26, naming the regulatory agency as sole respondent. The motion, filed under case number FHC/ABJ/CS/355/2025 and moved by Fred Onuofia, SAN, was partly granted by Justice Omotosho on March 4.
The judge allowed Meta to commence judicial review proceedings seeking, among other things, an order of certiorari to quash the compliance and enforcement orders issued by NDPC on February 18. Meta also requested the court to nullify “all other investigations, proceedings and actions taken by respondent against the applicant leading to the ‘Final Orders.’”
However, the court refused to grant Meta’s request to stay all matters relating to the “Final Orders” pending the judicial review, instead ordering an accelerated hearing of the suit.
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NDPC, through its counsel Adeola Adedipe, SAN, of ALPHA & ROHI Law Firm, filed a preliminary objection, arguing that the suit was incompetent and that the court lacked jurisdiction to entertain it.
At Friday’s scheduled ruling, Meta’s lawyer, Onwuobia, requested the court to defer ruling on both NDPC’s preliminary objection and the motion to amend, stating that settlement discussions had reached an advanced stage.
“The draft terms of settlement have been exchanged,” he said, urging the court to adjourn to allow the parties to formalise the agreement. NDPC’s counsel confirmed that settlement discussions had progressed appreciably and supported the adjournment for the court to adopt the terms as a “consent judgment.”
Justice Omotosho responded that, as the court encourages settlement, he was inclined not to deliver the planned ruling and subsequently adjourned the matter until October 31 for either a ruling or adoption of the settlement terms.
In its objection filed on April 11, NDPC urged the court to strike out or dismiss the case, arguing that Meta’s originating summons was incompetent due to non-compliance with Order 34 Rule 6(1) of the FHC (Civil Procedure) Rules, 2019. The agency contended that the reliefs sought were incapable of activating the court’s jurisdiction, rendering the suit “grossly incompetent and academic.”
The fine against Meta was imposed as part of NDPC’s measures to protect Nigerians’ data under the Nigeria Data Protection Act, signed into law by President Bola Tinubu in June 2023.
