Tribunal upholds $220m fine against Meta, WhatsApp

Joy Agwunobi

The Competition and Consumer Protection Tribunal has upheld the $220 million penalty imposed on Meta Platforms Inc. and its subsidiary, WhatsApp LLC, by the Federal Competition and Consumer Protection Commission (FCCPC) over data privacy infractions in Nigeria.

Delivering its judgment in Abuja on Friday, the Tribunal also directed both tech companies to pay an additional $35,000 to the FCCPC to cover the cost of the investigation, the tribunal mandated that the full amount be paid within 60 days.

This verdict was disclosed in a statement issued by Ondaje Ijagwu, director of corporate affairs at the FCCPC, following a ruling by a three-member panel chaired by Thomas Okosun.

Ijagwu noted that the Tribunal’s decision validated the Commission’s actions and legal footing across most of the disputed points raised by the appellants.

“The Competition and Consumer Protection Tribunal today delivered its judgment in the appeal filed by Meta Platforms Incorporated (Facebook) and WhatsApp LLC against the Federal Competition and Consumer Protection Commission, affirming the Commission’s authority and actions in nearly all the contested issues,” the statement read.

The Tribunal held that the Commission acted in accordance with the relevant laws and within the framework of the 1999 Constitution (as amended), noting that the actions taken by WhatsApp and Meta, which the Commission found to be violations, were properly identified and substantiated.

The fine, originally levied on July 19, 2024, followed a joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC). The 38-month-long probe, launched in 2020, examined the data handling practices and consumer privacy policies of Meta and WhatsApp.

Despite Meta’s announcement of plans to appeal the fine—contesting both the legal basis and the Commission’s findings—the Tribunal upheld the core components of the FCCPC’s Final Order. It concluded that the Commission acted within its statutory and constitutional remit in probing and penalizing the companies for alleged exploitative and anti-competitive behavior.

Legal representation for Meta and WhatsApp was led by Gbolahan Elias (SAN), while Babatunde Irukera led the FCCPC’s legal team. Both sides made their final submissions to the Tribunal on January 28, 2025.

In its ruling, the Tribunal also backed the procedural integrity of the FCCPC’s investigation, noting that its processes were legally sound and professionally conducted.

The Tribunal’s resolution of Issues 1 through 7 largely favoured the FCCPC, rejecting Meta’s challenges to the Commission’s conclusions, procedural fairness, and legal jurisdiction.

Notably, on Issue 3—where Meta alleged a breach of fair hearing—the Tribunal ruled that the Commission had fulfilled its quasi-judicial duties appropriately by offering the companies adequate opportunity to defend themselves. It found no breach of due process or constitutional rights.

In addressing Issue 4, which questioned whether the FCCPC possessed authority over data privacy matters, the Tribunal affirmed the Commission’s powers under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA), asserting that its oversight extends even to regulated sectors.

Furthermore, on Issue 5—concerning the legality of Meta’s privacy policies—the Tribunal again sided with the Commission, agreeing that the identified policies contravened Nigerian laws.

However, while the Tribunal largely validated the Commission’s decisions, it set aside Order 7 from the FCCPC’s Final Order, citing insufficient legal foundation for that specific directive.