Nigeria’s Competition and Consumer Protection Tribunal has imposed a $220 million administrative penalty on Meta Platforms Inc. and its subsidiary WhatsApp LLC for violations of consumer protection and data privacy laws.
The Tribunal also awarded $35,000 in investigative costs to the Federal Competition and Consumer Protection Commission (FCCPC).
In a statement issued by the FCCPC, the Tribunal upheld the ruling made in the appeal filed by Meta Platforms Inc. (Facebook) and WhatsApp LLC against the FCCPC, affirming the Commission’s authority and ruling in favour of its actions on nearly all contested issues.
The FCCPC’s statement noted: “The Tribunal specifically determined that the Commission adhered to prevailing laws, fulfilled its mandate, and exercised its powers under the 1999 Constitution (as amended). It also ruled that the multiple actions by WhatsApp and Meta, for which the Commission made findings of violations, were correctly identified, and that the Commission did not err in making those findings.”
The statement further revealed that WhatsApp and Meta’s legal team was led by Professor Gbolahan Elias (SAN), while the FCCPC was represented by Babatunde Irukera. The two legal teams presented their final arguments on January 28, 2025.
On July 19, 2024, the FCCPC had issued a Final Order imposing a $220 million penalty after concluding that the companies engaged in discriminatory and exploitative practices against Nigerian consumers. The investigation, which started in 2020, stemmed from a 38-month joint inquiry initiated by the FCCPC and the Nigeria Data Protection Commission (NDPC) into Meta and WhatsApp’s privacy practices and consumer data policies.
Meta and WhatsApp appealed the order, challenging the legal basis and findings of the Commission. However, the Tribunal upheld the FCCPC’s authority and investigative procedures, resolving most of the contested issues in the Commission’s favour. The Tribunal confirmed that the FCCPC acted within its constitutional and statutory mandate, particularly in relation to fair hearings, data protection, and consumer rights.
While dismissing the majority of the appellants’ objections, the Tribunal set aside one specific order (Order 7) for lacking a sufficient legal basis.
FCCPC Executive Vice Chairman/CEO Tunji Bello expressed satisfaction with the judgment, praising the Commission’s legal team for their exceptional diligence and forensic expertise in gathering evidence and presenting the case. He reaffirmed the FCCPC’s commitment to protecting the rights of Nigerian consumers and promoting fair business practices in line with the FCCPA (2018) and the Nigerian government’s Renewed Hope Agenda.
