The Competition and Consumer Protection Tribunal has upheld the $220 million fine imposed on Meta Platforms Incorporated by the Federal Competition and Consumer Protection Commission (FCCPC).
Ijagwu highlighted that the Tribunal clearly affirmed the Commission’s adherence to existing laws, confirming it carried out its duties and exercised its authority in line with the provisions of the 1999 Constitution (as amended).
He further noted that the Tribunal upheld the Commission’s findings against WhatsApp and Meta, agreeing that the multiple infractions identified were legitimate and that the Commission had acted appropriately in its conclusions.
The Tribunal, comprised of a three-member panel led by Hon. Thomas Okosun, heard final submissions from both sides on January 28, 2025. The legal team for WhatsApp and Meta was headed by Gbolahan Elias (SAN), while the FCCPC was represented by Babatunde Irukera.
The case stems from a Final Order issued by the FCCPC on July 19, 2024, in which a $220 million administrative fine was imposed on Meta and WhatsApp for engaging in discriminatory and exploitative practices targeting Nigerian consumers. The Commission began investigating Meta’s practices in 2020, conducting a 38-month joint probe with the Nigeria Data Protection Commission (NDPC) into the companies’ privacy policies and consumer data handling.
Unhappy with the decision, Meta and WhatsApp appealed to the Tribunal, challenging the legal foundation and the conclusions reached by the Commission.
In its ruling on the appeal, the Tribunal not only upheld the FCCPC’s findings but also validated its investigative methods and procedural integrity. It ruled in favor of the FCCPC on most of the contested issues (Issues 1 through 7), rejecting the appellants’ challenges to the Commission’s authority, processes, and decisions.
A key contention, Issue 3, involved allegations of a denial of fair hearing. The Tribunal sided with the Commission, confirming that it fulfilled its quasi-judicial obligations and gave Meta and WhatsApp adequate opportunity to respond. No breach of constitutional due process was found.
On Issue 4, which questioned the FCCPC’s jurisdiction over data protection matters, the Tribunal reaffirmed the Commission’s statutory authority under Section 104 of the FCCPA, recognizing its role in overseeing competition and consumer rights even within regulated sectors.
Issue 5, which focused on Meta’s privacy policy, was also resolved in favor of the FCCPC, with the Tribunal determining that the policy indeed contravened Nigerian law.
Although most of the Tribunal’s findings supported the Commission, it did set aside Order 7 of the Final Order, citing an insufficient legal foundation.
Reacting to the ruling, FCCPC Executive Vice Chairman and CEO, Tunji Bello, welcomed the landmark judgment and commended the Commission’s legal team for their meticulous and strategic efforts in presenting the case.
He reiterated the FCCPC’s firm commitment to defending consumer rights and promoting ethical business conduct in Nigeria, in line with the Federal Competition and Consumer Protection Act (2018) and the Renewed Hope Agenda of President Bola Ahmed Tinubu.
