The Competition and Consumer Protection Tribunal has upheld a $220 million fine imposed on Meta Platforms Inc. and its subsidiary, WhatsApp, by the Federal Competition and Consumer Protection Commission (FCCPC) for engaging in discriminatory and invasive data practices against Nigerian users.
In a ruling delivered on Friday, the tribunal’s three-member panel, led by Thomas Okosun, also ordered the tech giants to pay an additional $35,000 to cover the FCCPC’s investigation costs.
The verdict followed an appeal filed by Meta and WhatsApp challenging the Commission’s penalty. Represented by Professor Gbolahan Elias (SAN), the companies argued that the FCCPC’s compliance orders were vague, technically impossible to implement, and violated Nigerian law. They also claimed the Commission denied them a fair hearing and failed to justify the fine or explain how it was calculated.
However, the FCCPC, represented by former Executive Vice Chairman Babatunde Irukera (SAN), insisted that the fine was not merely punitive but corrective—aimed at ending discriminatory practices and ensuring compliance with Nigeria’s data protection laws. The Commission accused Meta and WhatsApp of sharing user data with third parties without consent, in breach of privacy rights guaranteed under Nigerian law.
The tribunal ruled in favor of the FCCPC, holding that the Commission acted within its legal mandate and did not deny the companies a fair hearing. It said Meta and WhatsApp were given ample opportunity to present their case and failed to provide substantial evidence to dispute the Commission’s findings.
“The tribunal finds that the FCCPC did not exceed its powers while making orders in respect to data protection,” Okosun stated. He added that the reliance on persuasive foreign precedents by the FCCPC was valid and did not undermine Nigerian law.
While the tribunal partially restricted some documents from the FCCPC’s records, it admitted key evidence including an internal memo and an email from Udo Udoma Law Firm as supplementary support for the case.
In its conclusion, the tribunal found Meta and WhatsApp in violation of Nigerian data protection laws and ruled that the FCCPC’s orders, including the $220 million fine—were lawfully imposed.
The ruling marks a significant victory for consumer rights enforcement in Nigeria and sends a strong message to tech giants operating in the country about the importance of compliance with local data protection and competition regulations.