The Competition and Consumer Protection Tribunal has upheld the $220 million fine imposed on Meta Platforms Inc. by the Federal Competition and Consumer Protection Commission (FCCPC) for discriminatory and exploitative business practices against Nigerian consumers.
In a statement issued on Friday, Ondaje Ijagwu, the FCCPC’s Director of Corporate Affairs, confirmed that the tribunal had also awarded the commission $35,000 to cover the costs of its investigation. He noted that the tribunal found that the FCCPC had acted within its legal authority under Nigeria’s Constitution and had conducted its investigation properly.
The tribunal’s three-member panel, led by Honorable Thomas Okosun, ruled that the FCCPC’s actions were legally sound. It also confirmed that the commission had identified multiple violations committed by Meta and its subsidiary, WhatsApp. The ruling was a result of a 38-month joint investigation into Meta’s practices, which included the company’s privacy policies and consumer data handling.
Meta and WhatsApp had appealed the original decision made by the FCCPC, questioning both the legal basis for the fine and the findings made by the commission. The appeals were heard by the Tribunal, with legal teams representing both sides presenting their final arguments on January 28, 2025.
The dispute began when the FCCPC, after conducting an investigation starting in 2020, issued a Final Order on July 19, 2024, imposing the $220 million penalty. The FCCPC had concluded that Meta and WhatsApp had engaged in unfair and unethical business practices that affected Nigerian consumers. The commission’s investigation also involved the Nigeria Data Protection Commission (NDPC) and focused on the companies’ privacy practices and their handling of consumer data.
Meta and WhatsApp’s legal team, led by Professor Gbolahan Elias (SAN), argued against the commission’s findings, challenging both the penalty and the authority of the FCCPC to regulate data privacy issues. However, the Tribunal dismissed the objections and affirmed that the FCCPC had acted within its jurisdiction.
In its decision, the Tribunal ruled in favor of the FCCPC on several key points. It dismissed claims that Meta and WhatsApp had been denied a fair hearing, stating that the companies had been given ample opportunity to respond during the investigation. The Tribunal also upheld the FCCPC’s authority to regulate data protection and privacy issues, stating that the commission had acted within its legal rights.
One key aspect of the case was the FCCPC’s findings regarding Meta’s privacy policies, which the Tribunal found to be in violation of Nigerian law. The Tribunal’s ruling reinforced the commission’s decision that Meta’s policies were not in compliance with Nigerian regulations.
However, the Tribunal did set aside one part of the FCCPC’s Final Order, specifically Order 7, stating that it lacked a sufficient legal basis.
FCCPC’s Executive Vice Chairman/CEO, Mr. Tunji Bello, expressed his satisfaction with the outcome of the case. He thanked the FCCPC’s legal team for their dedication and thorough work in building the case. He also reiterated the FCCPC’s commitment to protecting the rights of Nigerian consumers and promoting fair business practices in line with the FCCPC Act (2018) and the Renewed Hope Agenda of President Bola Tinubu.
