Meta and WhatsApp have lost their appeal against a $220 million fine imposed by Nigeria’s competition and consumer protection authority.
The Competition and Consumer Protection Tribunal has dismissed the appeal filed by Meta Platforms Inc. and WhatsApp LLC over a $220 million fine imposed by Nigeria’s Federal Competition and Consumer Protection Commission, FCCPC,.
The tribunal, in a judgment delivered by its three-member panel led by Thomas Okosun, upheld the commission’s decision after finding that Meta and WhatsApp breached Nigerian data protection and consumer rights laws.
The case stemmed from a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission into the conduct and privacy practices of the two tech giants.
The probe established that the companies collected and shared Nigerian users’ data without proper consent and enforced discriminatory policies not applied in other regions.
Dissatisfied with the commission’s decision last year, Meta and WhatsApp approached the tribunal, challenging the legal basis and process that led to the sanction. They argued that the directives issued were vague and the penalties unjustified.
The tribunal, however, resolved issues one to seven in favour of the FCCPC, ruling that the commission acted within its powers under Section 104 of the Federal Competition and Consumer Protection Act.
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It also affirmed that the FCCPC complied with due process, dismissed the appellants’ objections, and validated the commission’s findings.
In addition to the $220 million administrative penalty, the tribunal awarded $35,000 to the FCCPC as the cost of investigation.
The tribunal also ordered Meta and WhatsApp to halt data-sharing practices that breach consumer rights, submit a compliance plan within 10 days, and fully reinstate users’ rights to determine how their data is shared.
The FCCPC’s Executive Vice Chairman, Tunji Bello, praised the tribunal’s ruling and commended the commission’s legal team for their diligence.
The commission reaffirmed its commitment to protecting Nigerian consumers and ensuring that multinational corporations adhere to local laws.
Meta and WhatsApp must comply with the ruling and pay the penalties within 60 days from April 30, 2025.
NAN
