Nigeria’s Competition and Consumer Protection Tribunal (CCPT) has ordered WhatsApp and Meta Platforms Incorporated to pay a $220 million fine and $35,000 to the Federal Competition and Consumer Protection Commission (FCCPC) within 60 days over data discrimination practices in the country.
The tribunal, which gave the order on Friday, upheld the $220 million penalty earlier imposed by the Federal Competition and Consumer Protection Commission (FCCPC) on WhatsApp and Meta Platforms Incorporated, as well as $35,000 as reimbursement for the Commission’s investigation against the social media giants.
Also, the three-member panel CCPT led by Thomas Okosun, dismissed the appeal of media giants relating to the $220 million penalty imposed by the FCCPC for alleged discriminatory practices in Nigeria
WhatsApp and Meta’s legal team, led by Professor Gbolahan Elias (SAN), and the FCCPC’s legal team, represented by Babatunde Irukera (SAN), a former Executive Vice Chairman of the Commission, made their final arguments on behalf of their respective clients on January 28, 2025
WhatsApp and Meta Platforms Incorporated had appealed to the tribunal, arguing that the FCCPC’s $220 million penalty should be overturned, citing 22 reasons, including alleged vague directives, unjustifiable data-sharing orders, and procedural errors, to justify its stance.
They claimed that the FCCPC’s demands were vague, technically impossible to implement within the stipulated timeframe, and not based on and law in Nigeria, amongst other arguments.
Giving its verdict on Friday, the tribunal clarified that the reliance on foreign decisions by the FCCPC was appropriate and persuasive in law.
Specifically, the tribunal ruled that the appellants’ appeal against the FCCPC failed and was dismissed.
The tribunal subsequently ordered that Meta parties shall immediately reinstate the right of Nigerian users to determine how their data is shared; must submit a letter of compliance to this effect by July 1, 2025; and must ensure that they update their application to allow Nigerians to fully express their legitimate right to relate with each data point.
It also ordered that Meta parties must, within 10 days, provide their proposed policy to the FCCPC and NDPC, and the same must be published; and Meta shall immediately stop the process of sharing Nigerian users’ information with Facebook and other third parties.
In addition, the tribunal directed Meta to immediately revert to its data-sharing policy of 2016; Meta parties must cease the tying of WhatsApp data to Facebook and other third parties without explicitly seeking and obtaining consent from Nigerian users and must provide evidence of compliance; Meta must reimburse the FCCPC $35,000 for its investigation; and that Meta must pay the $220 million fine no later than 60 days from Wednesday, April 30, 2025.
