The three-member panel, led by Thomas Okosun, ruled in favour of the FCCPC, affirming the Commission’s authority, investigative procedures, and conclusions in its probe into the companies’ practices.
The Competition and Consumer Protection Tribunal has upheld the Federal Competition and Consumer Protection Commission’s (FCCPC) $220 million administrative fine against Meta Platforms Incorporated (Facebook) and WhatsApp LLC.
The three-member panel, led by Thomas Okosun, ruled in favour of the FCCPC, affirming the Commission’s authority, investigative procedures, and conclusions in its probe into the companies’ practices.
The Tribunal said it found that the FCCPC acted in accordance with the provisions of the 1999 Constitution (as amended) and within its statutory mandate under the Federal Competition and Consumer Protection Act (FCCPA) of 2018.
The Tribunal dismissed the core arguments raised by Meta and WhatsApp in their appeal, including claims of unfair hearing and questions over the FCCPC’s jurisdiction in matters relating to data protection and privacy.
In resolving issues one through seven, the panel sided with the Commission, only setting aside Order 7 of the FCCPC’s Final Order on the grounds of insufficient legal basis.
Among the key determinations, the Tribunal concluded that Meta and WhatsApp’s privacy policies violated Nigerian law and upheld the FCCPC’s findings of exploitative and discriminatory practices against Nigerian consumers.
In its judgment, the Tribunal not only reaffirmed the $220 million fine but also awarded an additional $35,000 to the FCCPC to cover the cost of its investigation.
The FCCPC’s legal team, led by Mr. Babatunde Irukera, presented its final arguments on January 28, 2025, opposing the appeal mounted by Meta and WhatsApp’s team, headed by Professor Gbolahan Elias (SAN).
The case stemmed from a 38-month-long joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC) that began in 2020.
Reacting to the Tribunal’s decision, FCCPC Executive Vice Chairman/CEO Mr. Tunji Bello expressed satisfaction with the outcome and applauded the Commission’s legal team for what he described as their diligence and strategic legal advocacy.
“This is a watershed moment for consumer protection in Nigeria. The Tribunal’s ruling reinforces our authority and validates the hard work our team has put into defending the rights of Nigerian consumers,” Bello said in a statement signed by the Director, Corporate Affairs of the Commission, Ondaje Ijagwu.
Bello added, “We remain steadfast in our commitment to ensuring fairness and transparency in Nigeria’s digital economy, fully aligned with the Renewed Hope Agenda of President Bola Ahmed Tinubu.”
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