A Nigerian competition tribunal has affirmed the $220 million penalty imposed on Meta Platforms Inc. and its subsidiary, WhatsApp, over what authorities have described as discriminatory data practices impacting Nigerian users.
The ruling, issued by a three-member panel chaired by Thomas Okosun, also directed the social media giant to pay $35,000 to cover the costs incurred by the Federal Competition and Consumer Protection Commission (FCCPC) during its investigation. This was confirmed in a report by Nairametrics.
The fine, first issued in July 2024, stemmed from a wide-ranging probe into Meta’s handling of Nigerian user data.
According to the FCCPC, the tech firm was found guilty of several violations, including “unauthorised transfer and sharing of Nigerian data,” “cross-border storage,” “abuse of dominance,” and “tying and bundling” services—actions which were seen as unfair and exploitative.
The Commission also accused Meta of infringing on the constitutional right of Nigerians to data privacy and self-determination, alleging that the company’s practices created structural inequalities in data governance.
In response, Meta mounted a legal challenge on 22 separate grounds. The company argued that the Commission’s directives were ambiguous and impractical to implement.
It further contended that Nigerian law did not support the basis of the fine and claimed a lack of fair hearing in the determination process.
Meta’s legal counsel, Professor Gbolahan Elias (SAN), insisted that the directives were excessive. “There is no abuse of dominance since users can choose from other providers such as TikTok and Google Meet,” he stated.
However, the tribunal rejected Meta’s arguments, asserting that the company had been given a fair chance to defend itself but failed to provide convincing evidence to counter the FCCPC’s findings.
“The appellants were given ample opportunity to be heard,” declared Okosun, dismissing claims of procedural unfairness.
On the issue of foreign legal influence, Elias had challenged the relevance of referencing international standards, arguing that such frameworks do not automatically apply to Nigeria. But former FCCPC executive vice chairman, Babatunde Irukera (SAN), defended the Commission’s stance.
“While foreign rulings are not binding, they are persuasive and relevant in similar legal contexts,” he argued, adding that the fine was not designed to punish Meta but to correct harmful practices and protect Nigerian users’ right to consent.
The tribunal concluded that the FCCPC had acted within its mandate. It found that Meta’s transfer of personal data without clear consent was a direct breach of Nigeria’s data protection laws.
“The tribunal finds no error in the overall orders of the FCCPC,” the panel held. “The administrative penalties were lawfully imposed.”
Beyond upholding the monetary penalty, the tribunal imposed strict compliance orders on Meta. The company must immediately reinstate Nigerian users’ rights to determine how their data is shared.
It is also required to return to its 2016 data-sharing policy, submit a revised data use proposal to both the FCCPC and the Nigeria Data Protection Commission (NDPC) within 10 days, and publish the policy publicly.
In addition, Meta has been ordered to halt any linking of WhatsApp data with Facebook or third parties unless users provide informed and explicit consent. A formal compliance report is expected by July 1, 2025.
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