In a significant legal victory for Nigeria’s consumer protection regime, the Competition and Consumer Protection Tribunal has upheld a $220 million administrative penalty levied by the Federal Competition and Consumer Protection Commission (FCCPC) against Meta Platforms Incorporated (Facebook) and WhatsApp LLC.
The Tribunal delivered its judgment on Friday in the appeal filed by the tech giants, affirming that the Commission acted within its constitutional and statutory powers, and that its findings were lawful, thorough, and procedurally sound. The ruling also awarded an additional $35,000 to the FCCPC to cover the cost of its investigation.
The panel, led by Honourable Thomas Okosun, found that Meta and WhatsApp violated Nigerian consumer protection laws through discriminatory and exploitative practices uncovered during a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC). The investigation, which began in 2020, scrutinised the companies’ data privacy practices, consumer data policies, and conduct in the Nigerian digital space.
Meta and WhatsApp had challenged the Commission’s July 2024 Final Order imposing the fine, questioning both its legal basis and investigative process. However, in a comprehensive judgment, the Tribunal resolved the majority of contested issues—seven in total—in favour of the FCCPC.
Among the critical points addressed, Issue 3 concerning the right to fair hearing was ruled in favour of the FCCPC. The Tribunal affirmed that Meta and WhatsApp were granted ample opportunity to defend themselves and that no breach of constitutional due process occurred.
On the question of the Commission’s authority in matters relating to data protection (Issue 4), the Tribunal ruled that the FCCPC acted within its mandate under Section 104 of the FCCPA, asserting that its powers extend to ensuring consumer protection even within regulated industries like digital technology.
The Tribunal also upheld the FCCPC’s findings concerning the companies’ privacy policies (Issue 5), determining that the policies in question contravened Nigerian law.
While the Tribunal upheld most of the Commission’s Final Order, it set aside Order 7, citing insufficient legal justification. Nonetheless, the ruling largely validates the FCCPC’s regulatory reach and enforcement efforts.
FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, welcomed the ruling, describing it as a landmark affirmation of the Commission’s mandate to protect Nigerian consumers and ensure fair business conduct.
He commended the Commission’s legal team, led by Mr. Babatunde Irukera, for their “exceptional diligence and forensic skills” and reaffirmed the FCCPC’s commitment to consumer rights and market fairness in line with the Federal Competition and Consumer Protection Act (FCCPA) of 2018 and President Bola Ahmed Tinubu’s Renewed Hope Agenda.
Meta and WhatsApp were represented in the appeal by Professor Gbolahan Elias (SAN), while the FCCPC’s legal representation was led by Mr. Irukera. Final arguments in the case were heard on January 28, 2025.
With this ruling, the FCCPC has further cemented its authority as a formidable watchdog over corporate practices in Nigeria’s evolving digital economy.
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