From Atiku Sarki, Abuja
The Competition and Consumer Protection Tribunal on Friday delivered its judgment in the appeal filed by Meta Platforms Incorporated (Facebook) and WhatsApp LLC against the Federal Competition and Consumer Protection Commission (FCCPC), affirming the Commission’s authority and upholding nearly all of its contested actions.
In a statement issued by the FCCPC’s Director of Corporate Affairs, Mr. Ondaje Ijagwu, the Tribunal ruled that the Commission complied with existing laws, acted within the scope of its mandate, and exercised its powers under the 1999 Constitution (as amended).
It determined that the multiple violations identified by the Commission against WhatsApp and Meta were properly established and that the Commission did not err in making its findings.
The Tribunal, in addition to affirming the major aspects of the FCCPC’s Final Order, imposed an administrative penalty of $220 million against Meta Platforms and WhatsApp. It also awarded $35,000 to the FCCPC as the cost of its investigation.
The Tribunal’s three-member panel was chaired by Honorable Thomas Okosun. Meta and WhatsApp were represented by Professor Gbolahan Elias (SAN), while the FCCPC’s legal team was led by Mr. Babatunde Irukera. Both parties made their final arguments on January 28, 2025.
The FCCPC had issued its Final Order on July 19, 2024, after concluding that the companies engaged in discriminatory and exploitative practices against Nigerian consumers. The ruling followed a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC) into Meta and WhatsApp’s conduct, privacy practices, and consumer data policies, which began in 2020.
Dissatisfied with the Commission’s findings, Meta and WhatsApp appealed to the Tribunal, challenging both the legal basis and the substantive conclusions of the FCCPC.
In its ruling, the Tribunal validated the Commission’s investigative procedures and largely resolved Issues 1 to 7 in favour of the FCCPC, dismissing the appellants’ objections regarding the Commission’s findings, orders, and jurisdiction.
One of the key issues (Issue 3), which alleged a breach of fair hearing, was decided in favour of the FCCPC. The Tribunal found that the Commission fully discharged its quasi-judicial responsibilities and afforded the appellants ample opportunity to respond, with no violation of constitutional due process.
On Issue 4, which challenged the FCCPC’s powers concerning data protection and privacy, the Tribunal reaffirmed the Commission’s authority under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) to regulate competition and consumer protection, even in sectors governed by other regulatory bodies.
Similarly, on Issue 5, which contested the Commission’s findings on Meta’s privacy policies, the Tribunal upheld the FCCPC’s conclusions, ruling that the privacy policies in question violated Nigerian law.
However, while Issue 7 was largely decided in the Commission’s favour, the Tribunal set aside Order 7 of the FCCPC’s Final Order, citing an insufficient legal foundation for that particular directive.
Expressing his satisfaction with the landmark judgment, FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, commended the Commission’s legal team for their exceptional diligence and forensic skills in presenting evidence and arguments.
Bello reiterated the FCCPC’s unwavering commitment to championing the rights of Nigerian consumers and promoting fair business practices, in line with the FCCPA (2018) and President Bola Ahmed Tinubu’s Renewed Hope Agenda.
