Tribunal upholds FCCPC’s $220m fine on Meta, awards $35,000 as costs

Meta Platforms Inc.’s effort to overturn the $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC) has hit a brick wall as the Competition and Consumer Protection Tribunal (CCPT) upheld the ruling on Friday.

FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, confirmed the ruling in a statement released on Friday, saying the tribunal also awarded the commission $35,000 to cover the costs of its investigation.

Ijagwu said the tribunal ruled that the commission acted within its legal authority under the 1999 Constitution (as amended) and properly executed its mandate.
It upheld the commission’s findings, determining Meta and WhatsApp had committed multiple violations.

The tribunal’s three-member panel was headed by Honorable Thomas Okosun.

Persecondnews recalls that the legal teams for WhatsApp and Meta, led by Prof. Gbolahan Elias (SAN), and the FCCPC, led by Mr. Babatunde Irukera, presented their final arguments on January 28, 2025.

Persecondnews had reported that on July 19, 2024, the FCCPC issued a Final Order imposing a $220 million penalty on Meta for discriminatory and exploitative practices against Nigerian consumers.

The commission began probing Meta’s alleged unethical practices in 2020.

The case stemmed from a 38-month joint investigation by the FCCPC and Nigeria Data Protection Commission (NDPC) into Meta Platforms’ and WhatsApp’s conduct, privacy practices, and consumer data policies.

Meta and WhatsApp appealed the Order to the Tribunal last year, contesting the Commission’s findings and legal basis.

In its ruling, the tribunal also upheld the Commission’s investigative procedures and processes.

It’s decision on Issues 1 to 7 overwhelmingly favored the FCCPC, rejecting Meta’s objections.

On Issue 3, which alleged a breach of fair hearing, the Tribunal ruled in the Commission’s favor, affirming that the FCCPC provided the appellants ample opportunity to respond and fully discharged its quasi-judicial responsibilities, finding no violation of due process.

On Issue 4, which questioned the Commission’s powers in matters of data protection and privacy, the Tribunal held that the FCCPC acted within its statutory mandate, reaffirming its authority under Section 104 of the FCCPA to regulate competition and consumer protection even in regulated industries.

On Issue 5, which challenged the Commission’s findings regarding Meta’s privacy policies, the tribunal also resolved in the FCCPC’s favour. The Tribunal found no error in the Commission’s conclusions and held that the privacy policy in question did, in fact, offend Nigerian law.

On Issue 7, the Tribunal mostly sided with the Commission but struck down Order 7 for lacking legal grounds.

Welcoming the landmark judgment, FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, thanked the commission’s legal team for their exceptional diligence and forensic skills in assembling evidence and marshalling their argument.

He reaffirmed the FCCPC’s commitment to championing Nigerian consumers’ rights and promoting fair business practices, aligning with the FCCPA (2018) and President Bola Tinubu’s Renewed Hope Agenda.