The Competition and Consumer Protection Tribunal has upheld the Federal Competition and Consumer Protection Commission’s (FCCPC) $220 million administrative penalty against Meta Platforms Inc. (Facebook) and WhatsApp LLC, affirming the regulator’s findings of multiple violations of Nigerian consumer protection laws.
In a landmark ruling delivered today, the three-member panel of the Tribunal, led by Hon. Thomas Okosun, dismissed the appeal filed by Meta and WhatsApp challenging the Commission’s 2024 Final Order. The Tribunal found that the FCCPC acted within its statutory and constitutional powers, and that its investigation and conclusions were valid under Nigerian law.
The Tribunal not only sustained the $220 million fine but also awarded an additional $35,000 to the FCCPC as the cost of its investigation.
Meta and WhatsApp, represented by a legal team led by Professor Gbolahan Elias (SAN), had sought to overturn the Commission’s findings, alleging procedural errors and lack of fair hearing. However, the Tribunal resolved the key legal issues—numbered 1 through 7—largely in favour of the FCCPC, whose legal team was led by Mr. Babatunde Irukera.
The Tribunal ruled that the FCCPC provided ample opportunity for the companies to respond, thus satisfying the requirements of fair hearing (Issue 3). It also validated the Commission’s mandate under Section 104 of the FCCPA (2018) to act in matters involving data protection and consumer privacy, even in regulated sectors (Issue 4).
In its ruling on Issue 5, which challenged the Commission’s findings on Meta’s privacy policies, the Tribunal upheld the FCCPC’s conclusion that the company’s policies violated Nigerian law. Only Order 7 of the Commission’s Final Order was set aside, with the Tribunal stating that it lacked sufficient legal basis.
The case stems from a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC), launched in 2020 to probe the data practices of Meta and WhatsApp. On July 19, 2024, the FCCPC issued a Final Order that concluded the companies had engaged in discriminatory and exploitative conduct affecting Nigerian users.
Reacting to the Tribunal’s decision, Mr. Tunji Bello, Executive Vice Chairman/CEO of the FCCPC, hailed the ruling as a victory for Nigerian consumers and a validation of the Commission’s regulatory processes.
“This judgment reinforces our resolve to continue safeguarding the rights of Nigerian consumers and ensuring fair business practices in Nigeria,” Bello said. “Our actions are guided by the Federal Competition and Consumer Protection Act (FCCPA) 2018 and aligned with the Renewed Hope Agenda of President Bola Ahmed Tinubu.”
The FCCPC says it remains committed to deepening consumer protection and promoting competitive markets in the digital economy.
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