Nigeria’s Competition and Consumer Protection Tribunal has upheld a $220 million fine imposed on Meta Platforms Inc. and its subsidiary, WhatsApp, over discriminatory data practices affecting Nigerian users.
The tribunal also ordered the companies to reimburse the Federal Competition and Consumer Protection Commission (FCCPC) $35,000 for the cost of its investigation. Both payments must be made within 60 days from April 30, 2025.
The FCCPC had launched an investigation into Meta’s operations, accusing the tech giant of violating Nigerian data protection laws and consumer rights.
According to the Commission, Meta allowed unauthorized access to user data, tied WhatsApp data to Facebook without explicit user consent, and failed to provide users with adequate control over how their personal information was handled. The FCCPC described these actions as invasive, ab¥sive, and exploitative.
Meta and WhatsApp challenged the Commission’s findings, filing an appeal to dismiss the penalty. They argued that the FCCPC’s orders were vague, impossible to implement technically, and unsupported by Nigerian law. They also claimed they were denied a fair hearing.
However, in its ruling, the tribunal rejected these claims, stating that the companies were given ample opportunity to be heard and that the FCCPC had acted within its legal mandate under Nigerian law.
Justice Thomas Okosun, who led the tribunal panel, concluded that Meta’s and WhatsApp’s privacy policies had breached Nigerian laws. The tribunal found that transferring user data to third parties without consent contravened the country’s data protection framework. It also ruled that reverting to Meta’s 2016 data-sharing policy would better protect Nigerian users.
The tribunal ordered Meta to immediately cease the sharing of Nigerian user data with Facebook and other third parties, to reinstate users’ rights to control how their data is shared, and to submit a revised data policy to both the FCCPC and the Nigeria Data Protection Commission within 10 days. Meta must also confirm compliance in writing by July 1, 2025.
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