The Nigerian Data Protection Commission (NDPC) and Meta have reportedly reached an agreement to settle a dispute over a USD 32.8 million fine imposed by the regulator on the US technology giant for data protection violations.
The out-of-court resolution of the dispute could go some way towards mending fraught relations between Nigeria and the US tech behemoth, Meta, an ICLG news report said on Tuesday October 7, 2025
Judge James Omotoso, sitting in the Abuja Federal High Court, heard from Meta’s counsel on Friday 3 October that both parties were resolved to pursue an out-of-court settlement and had exchanged draft terms.
The court is said to have permitted an adjournment of proceedings until the end of October to allow time for the finalisation of the deal. The dispute arose on the back of a multimillion-dollar fine levied by the NDPC against Meta in February 2025. The regulator had accused the company of breaching the Nigerian Data Protection Act 2023 (NDPR) in relation to its behavioural advertising practices on Instagram and Facebook. The regulator also imposed eight corrective orders on the tech giant. Meta took to the Nigerian courts to challenge the decision. With both the NDPR and the NDPC – established under the 2023 legislation – still in their infancy, the penalty marked a key test of the law and emphasised the country’s stance on safeguarding citizens’ rights as it moves to become a “leading player in the global digital economy” in line with its 2020-2030 National Digital Economy Policy and Strategy (NDEPS).
TENSE SITUATION
Resolving the dispute through a settlement could mark a key turning point in relations between Meta and Nigeria. The Federal Competition and Consumer Protection Commission (FCCPC) slapped Meta and its subsidiary WhatsApp with a USD 220 million fine in July 2024 for alleged violations of the NDPR and the Federal Competition and Consumer Protection Act 2018 (FCCPA). The parties were accused of breaching the right for Nigerians to control their personal data, transferring user data without consent, discriminating against Nigerian users and abusing their market dominance position.
The Competition and Consumer Protection Tribunal upheld that fine in April 2025, confirming that the FCCPC had not erred in its findings. The country’s Advertising Regulatory Council (ARCON) also imposed a separate penalty of USD 37.5 million on Meta over its advertising practices, bringing its total penalties in the 2024-2025 period to a hefty USD 290 million. Relations worsened when WhatsApp stated in May this year that it may be forced to exit the Nigerian market due to the FCCPC’s recent order. The watchdog’s corporate affairs director, Ondaje Ijagwu, hit back, accusing Meta of a “calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision”. He noted several instances across the US, India, South Korea, France and Australia where Meta had been fined for similar violations but had “never resorted to the blackmail of threatening to exit those countries”. The director reminded Meta that it would not be absolved of liabilities for the outcome of the judicial process by “threatening to leave” and emphasised the regulator’s commitment to “ensuring a fairer digital market in Nigeria”.
Courtesies: iclg.com, October 7, 2025
