The Competition and Consumer Protection Tribunal has affirmed the $220 million fine levied against Meta Platforms by Incorporated by Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC).
The confirmation of the penalty was disclosed on Friday by Ondaje Ijagwu, the FCCPC’s Director of Corporate Affairs.
He also noted that the Tribunal awarded an additional $35,000 to the Commission to cover the expenses incurred during its extensive investigation.
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According to Ijagwu, the Tribunal upheld that the Commission acted lawfully, operated within the bounds of the Constitution of the Federal Republic of Nigeria (1999 as amended), and executed its statutory functions appropriately.
It further validated the FCCPC’s findings that both WhatsApp and its parent company, Meta, had breached Nigerian consumer protection laws.
The three-member panel, chaired by Hon. Thomas Okosun, delivered the ruling. Meta and WhatsApp were represented in the proceedings by legal expert Professor Gbolahan Elias (SAN), while the FCCPC’s legal arguments were led by Mr. Babatunde Irukera.
The origins of the case date back to a joint investigation launched in 2020 by the FCCPC and the Nigeria Data Protection Commission (NDPC), focusing on the data privacy practices and consumer protection standards of Meta and WhatsApp.
The probe spanned over three years and culminated in the FCCPC issuing a final administrative order on July 19, 2024.
The order imposed a $220 million penalty, citing exploitative and discriminatory practices by the tech companies.
Challenging both the findings and the authority of the FCCPC, Meta and WhatsApp appealed the decision. Their appeal, which was heard by the Tribunal, contested the Commission’s jurisdiction and the procedural fairness of its investigations.
However, the Tribunal, in its ruling, dismissed the bulk of the appeal. Specifically, it ruled in favour of the FCCPC on seven major issues, including the critical contention (Issue 3) that Meta and WhatsApp had been denied a fair hearing.
The panel concluded that the companies had been given sufficient opportunity to present their case, and no breach of due process had occurred.
Another pivotal question (Issue 4), which focused on whether the FCCPC overstepped its authority in matters of data privacy, was also resolved in favour of the Commission.
The Tribunal affirmed that the FCCPC, under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA), possesses the legal power to regulate conduct that impacts consumers, even within sectors that are otherwise regulated.
Furthermore, the Tribunal supported the Commission’s findings (Issue 5) concerning Meta’s privacy policies, agreeing that these policies were in violation of Nigerian consumer protection standards.
While it largely sided with the FCCPC, the Tribunal did overturn one aspect of the Commission’s Final Order — specifically Order 7 — citing insufficient legal grounds for its issuance.
Reacting to the verdict, FCCPC’s Executive Vice Chairman and Chief Executive Officer, Mr. Tunji Bello, hailed the ruling as a significant legal milestone.
He praised the Commission’s legal team for their expertise and rigorous preparation, emphasizing that the outcome reaffirms the agency’s resolve to protect Nigerian consumers.
Bello reiterated the Commission’s determination to uphold market fairness and consumer rights in line with the provisions of the FCCPA (2018), aligning with the broader goals of President Bola Ahmed Tinubu’s Renewed Hope Agenda.
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