The Competition and Consumer Protection Tribunal has affirmed a $220 million administrative penalty against Meta Platforms Incorporated (Facebook) and WhatsApp LLC in a landmark judgement delivered today, dealing a significant blow to the tech giants’ appeal against the Federal Competition and Consumer Protection Commission (FCCPC).
The three-member tribunal panel, led by Honourable Thomas Okosun, upheld the FCCPC’s authority and actions in nearly all contested issues, ruling that the Commission acted within the confines of Nigerian law when it imposed the substantial fine in July 2024 for discriminatory and exploitative practices against Nigerian consumers.
The case originated from a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC) into Meta and WhatsApp’s conduct, privacy practices, and consumer data policies. The investigation, which began in 2020, culminated in the FCCPC’s Final Order last year, which the companies subsequently appealed.
“The Commission complied with prevailing laws, discharged its mandate, and exercised its powers within the confines of the 1999 Constitution as amended,” the Tribunal stated in its judgement. It further determined that the FCCPC correctly identified multiple violations by the tech companies.
In addition to upholding the $220 million penalty, the Tribunal awarded an additional $35,000 to the FCCPC to cover investigation costs.
The legal battle saw Meta and WhatsApp represented by Professor Gbolahan Elias (SAN), while the FCCPC’s team was led by Mr. Babatunde Irukera. Both sides presented their final arguments on January 28, 2025.
The Tribunal resolved seven key issues predominantly in favour of the FCCPC. On the critical Issue 3, which alleged breach of fair hearing, the Tribunal affirmed that the Commission fully discharged its quasi-judicial responsibilities by providing the appellants ample opportunity to respond, finding no violation of constitutional due process.
Regarding Issue 4, which questioned the Commission’s authority in matters of data protection and privacy, the Tribunal held that the FCCPC acted within its statutory mandate under Section 104 of the FCCPA to regulate competition and consumer protection even in industries with separate regulatory frameworks.
The Tribunal also upheld the Commission’s findings on Meta’s privacy policies (Issue 5), concluding that these policies indeed violated Nigerian law. However, the Tribunal did set aside Order 7 of the Commission’s Final Order, stating it lacked sufficient legal basis.
FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, expressed satisfaction with the judgement, praising the Commission’s legal team for their “exceptional diligence and forensic skills in assembling evidence and marshalling their argument.”
Bello reaffirmed the FCCPC’s commitment to protecting Nigerian consumers’ rights and ensuring fair business practices in accordance with the Federal Competition and Consumer Protection Act (2018) and President Bola Ahmed Tinubu’s Renewed Hope Agenda.
This ruling represents one of the largest penalties ever upheld against global tech companies in Africa and signals Nigeria’s increasing regulatory assertiveness in the digital space. The judgement could have far-reaching implications for how international technology corporations operate in Nigeria, particularly regarding data privacy practices and consumer protection compliance.
Industry analysts suggest the case may prompt other tech companies to review their policies and practices in Nigeria and other African markets to ensure compliance with local consumer protection laws. The ruling also establishes an important precedent for the FCCPC’s authority to regulate digital platforms operating in Nigeria, even when those companies are headquartered overseas.
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