Tribunal Orders Meta and WhatsApp to Pay $220m Fine to Nigerian Government

Tribunal Orders Meta and WhatsApp to

Pay $220m Fine to Nigerian Government

By : Narissa Nasson 

The Federal Competition and Consumer Protection Commission (FCCPC) Tribunal has upheld a $220 million fine against Meta Platforms Incorporated and its subsidiary, WhatsApp, for engaging in discriminatory data practices against Nigerian users.

Delivering the judgment on Friday, a three-member panel led by Justice Thomas Okosun dismissed the appeal filed by Meta and WhatsApp challenging the FCCPC’s penalty. The tribunal also ordered the companies to pay an additional $35,000 to cover the Commission’s investigation costs.

The fine stems from an FCCPC investigation which found that Meta and WhatsApp violated Nigerian data protection laws and consumer rights, allegedly allowing unauthorized access to and misuse of private user information. The Commission accused the tech giants of exploitative practices that undermined constitutional protections for Nigerian citizens.

Meta and WhatsApp, represented by Senior Advocate of Nigeria, Professor Gbolahan Elias, had contested the fine, arguing that the FCCPC's directives were vague, technically impossible to comply with, and inconsistent with Nigerian law. They further alleged that the Commission denied them a fair hearing by imposing the penalty without adequate explanation or an opportunity to respond.

However, the FCCPC, represented by Babatunde Irukera (SAN), defended the fine as a necessary remedy to Meta’s anti-consumer practices, rather than a punitive measure. Irukera also rejected claims that the Commission relied improperly on foreign laws, emphasizing that while foreign decisions are not binding, they are persuasive in similar contexts.

In its verdict, the tribunal agreed that the FCCPC’s reliance on foreign precedents was appropriate and lawful. It further ruled that the Commission had afforded Meta and WhatsApp a fair hearing and acted within its legal mandate.

Justice Okosun stated, "The appellants were given ample opportunity to be heard. The tribunal finds no error in the overall orders of the FCCPC. Accordingly, the administrative penalties of the FCCPC were lawfully imposed."

The tribunal also found that WhatsApp and Meta had improperly transferred users’ data to third parties, a clear violation of Nigeria’s data protection laws. It concluded that the companies’ privacy policies breached Nigerian legal standards, and dismissed all grounds of appeal raised by the appellants.

The FCCPC’s request to submit supplementary records, including internal memos and correspondence from Udo Udoma & Belo-Osagie law firm, was partially granted by the tribunal.

With this ruling, Meta and WhatsApp are now mandated to pay the $220 million penalty and implement corrective measures to align their data processing practices with Nigerian regulations.

Source : Leadership newspaper