The Nigerian Competition and Consumer Protection Tribunal has imposed a $220 million fine on WhatsApp and its parent company, Meta Platforms Incorporated, for engaging in discriminatory data practices against Nigerian users. The tribunal, chaired by Thomas Okosun, also directed the tech giants to reimburse $35,000 to the Federal Competition and Consumer Protection Commission (FCCPC) for investigative costs. This ruling followed the tribunal’s endorsement of FCCPC’s findings, despite appeals from Meta and WhatsApp seeking to dismiss the penalty.
During the tribunal hearing, the companies’ legal counsel, led by Professor Gbolahan Elias (SAN), argued that the fine was excessive and lacked a sound legal foundation under Nigerian law. They criticized the FCCPC’s directive as vague and the entire process as flawed. Meta’s team also claimed that the commission’s requirements were both financially and technically unfeasible, especially regarding the reversal of data-sharing mechanisms and privacy policy changes.
However, the FCCPC, represented by Babatunde Irukera (SAN), defended the decision, clarifying that the financial sanction was not a punitive measure but a necessary step to remedy harm caused by Meta’s violation of Nigerian consumers’ privacy rights. The commission had earlier raised concerns over Meta’s alleged misuse of private data and its failure to ensure users’ informed consent regarding how their information was shared, particularly across platforms like Facebook.
Delivering judgment, Okosun affirmed the FCCPC’s legal standing and due process, dismissing claims of unfair treatment by the tech companies. The tribunal ordered Meta to restore Nigerian users’ control over their data, enforce consent-based data sharing, and revert to its 2016 data-sharing framework. A compliance letter is due by July 1, 2025, while the $220 million fine must be settled by April 30, 2025. The ruling reflects a broader global trend, with Meta facing similar sanctions under data protection laws in the EU. WhatsApp, however, maintained that users were globally informed about business interactions since 2021.