Tribunal upholds FCCPC’s $220 Million fine against Meta, WhatsApp over Consumer Rights violations

The Competition and Consumer Protection Tribunal has upheld a $220 million fine imposed on Meta Platforms Incorporated (Facebook) and WhatsApp LLC by the Federal Competition and Consumer Protection Commission (FCCPC), affirming the Commission’s authority and actions in most of the issues contested.

The judgement, delivered on Thursday, validated that the Commission acted in line with existing laws and within the provisions of Nigeria’s 1999 Constitution (as amended).

The Tribunal agreed that the various actions of WhatsApp and Meta identified as violations by the Commission were rightly established.

Alongside confirming the FCCPC’s major decisions, the Tribunal also awarded an additional $35,000 to the Commission as costs for its investigation.

The three-member panel of the Tribunal was chaired by Hon. Thomas Okosun. Leading the legal team for Meta and WhatsApp was Professor Gbolahan Elias (SAN), while Mr. Babatunde Irukera led the FCCPC’s team. Both sides presented their final arguments on January 28, 2025.

The FCCPC had, on July 19, 2024, issued a Final Order imposing the fine after concluding a thorough investigation which found both companies guilty of discriminatory and exploitative conduct towards Nigerian consumers. The case stemmed from a 38-month joint probe by the FCCPC and the Nigeria Data Protection Commission (NDPC), launched in 2020, into the firms’ data handling, privacy policies, and consumer rights practices.

Dissatisfied with the decision, Meta and WhatsApp had challenged the Commission’s legal authority and its findings by filing an appeal at the Tribunal.

However, in its judgement, the Tribunal largely ruled in favour of the FCCPC, resolving Issues 1 to 7 against the appellants. Notably, the Tribunal ruled that the Commission had granted the appellants adequate opportunity to respond, dismissing claims of a breach of fair hearing.

It further affirmed the Commission’s statutory authority to oversee data protection and privacy matters under Section 104 of the FCCPA, even in regulated sectors.

The Tribunal also backed the FCCPC’s findings concerning Meta’s privacy policies, concluding that the company’s practices violated Nigerian laws. Although the Tribunal set aside one aspect (Order 7) of the Commission’s Final Order for lacking legal backing, it upheld the rest of the FCCPC’s directives.

Reacting to the judgement, FCCPC’s Executive Vice Chairman and CEO, Mr. Tunji Bello, commended the Commission’s legal team for their dedication and thorough handling of the case.

He reiterated the agency’s commitment to defending the rights of Nigerian consumers and promoting fair business conduct in line with the FCCPA 2018 and President Bola Tinubu’s Renewed Hope Agenda.

The announcement was signed by Ondaje Ijagwu, Director of Corporate Affairs, on April 25, 2025.