The Competition and Consumer Protection Tribunal has upheld the $220 million fine imposed on Meta Platforms Incorporated by the Federal Competition and Consumer Protection Commission (FCCPC), marking a major victory for Nigeria’s consumer protection regime.
In a statement on Friday, the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, confirmed the Tribunal’s ruling, which also awarded the Commission $35,000 in investigation costs.
The Tribunal, led by Honourable Thomas Okosun, affirmed that the FCCPC acted within its legal mandate under the 1999 Constitution (as amended) and the Federal Competition and Consumer Protection Act (FCCPA) 2018.
It held that the Commission’s investigative procedures were sound and its conclusions justified.
The case stemmed from a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC) into Meta and its subsidiary WhatsApp’s conduct, privacy practices, and data policies. The FCCPC, on July 19, 2024, issued a Final Order imposing the $220 million penalty, citing discriminatory and exploitative practices against Nigerian consumers.
Meta and WhatsApp, dissatisfied with the decision, had appealed to the Tribunal, challenging both the findings and the Commission’s legal competence.
Their legal team was led by Professor Gbolahan Elias (SAN), while the FCCPC was represented by Mr. Babatunde Irukera.
Delivering judgement on the appeal, the Tribunal resolved Issues 1 to 7 largely in favour of the FCCPC.
On the issue of fair hearing, the Tribunal held that Meta and WhatsApp were given ample opportunity to respond, affirming that the Commission fulfilled its quasi-judicial duties.
On the question of the FCCPC’s authority in data protection matters, the Tribunal ruled that the Commission acted within its powers under Section 104 of the FCCPA.
It also upheld the Commission’s findings on Meta’s privacy policies, declaring them inconsistent with Nigerian law.
However, the Tribunal set aside Order 7 of the Commission’s Final Order, stating that it lacked sufficient legal basis.
Reacting to the ruling, FCCPC’s Executive Vice Chairman/CEO, Mr. Tunji Bello, expressed satisfaction, describing the decision as a landmark victory for Nigerian consumers.
He commended the Commission’s legal team for their “exceptional diligence and forensic skill” and reiterated the FCCPC’s commitment to upholding fair business practices in line with the Renewed Hope Agenda of President Bola Ahmed Tinubu.
The ruling reaffirms the Commission’s powers to act decisively against digital platforms operating in Nigeria when found in violation of consumer rights and competitive fairness.
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