Tribunal Upholds $220 Million Fine Against Meta and WhatsApp, Validates FCCPC’s Regulatory Authority
By Ebi COLLINS
In a landmark ruling delivered today, the Competition and Consumer Protection Tribunal affirmed the authority and actions of the Federal Competition and Consumer Protection Commission (FCCPC), upholding a $220 million fine imposed on global tech giants Meta Platforms Incorporated (owners of Facebook) and WhatsApp LLC.
The decision brings to a close a long-running legal battle that followed a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC), which uncovered discriminatory and exploitative practices by the companies against Nigerian consumers.
Delivering judgment in Abuja, the Tribunal, led by Hon. Justice Thomas Okosun, ruled that the FCCPC acted within the bounds of the law and its constitutional mandate in investigating and sanctioning the firms. The panel upheld nearly all the Commission’s findings and dismissed major objections raised by Meta and WhatsApp in their appeal.
Landmark Decision in Consumer Protection
The Tribunal specifically held that the Commission did not violate any procedural or constitutional provisions in the course of its investigation. On the allegation of denial of fair hearing, the Tribunal found that Meta and WhatsApp were given adequate opportunity to present their case and that the FCCPC fully discharged its quasi-judicial responsibilities.
The ruling also reaffirmed the FCCPC’s jurisdiction over data protection and privacy matters within the broader context of consumer rights, in line with Section 104 of the Federal Competition and Consumer Protection Act (FCCPA). This is particularly significant, as it clarifies the Commission’s role even in sectors traditionally governed by other regulatory bodies.
In addition to affirming the FCCPC’s Final Order, the Tribunal imposed an administrative penalty of $220 million on Meta and WhatsApp and awarded $35,000 to the Commission as the cost of its investigation.
Although most aspects of the FCCPC’s decision were upheld, the Tribunal struck out Order 7 of the Commission’s Final Order, citing insufficient legal justification for that particular directive.
Legal Teams and Background
Meta and WhatsApp were represented by renowned legal scholar Prof. Gbolahan Elias (SAN), while the FCCPC’s case was led by its Chief Legal Officer, Mr. Babatunde Irukera. Final arguments in the case were presented on January 28, 2025.
The case originated from a Final Order issued by the FCCPC on July 19, 2024, following a lengthy investigation that began in 2020. The Commission had accused the companies of violating consumer protection laws, particularly through unfair data usage practices and discriminatory policies targeting Nigerian users.
FCCPC Reacts to Victory
Reacting to the judgment, FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, praised the Tribunal for what he described as a “courageous and precedent-setting ruling.” He commended the Commission’s legal team for their forensic skill and commitment throughout the proceedings.
“This ruling is not only a victory for the Commission but also a strong statement that Nigeria will not tolerate exploitative corporate behavior, regardless of a company’s global stature,” Mr. Bello said.
He reaffirmed the Commission’s dedication to safeguarding consumer rights and ensuring that businesses operating in Nigeria adhere strictly to fair and transparent practices. Bello added that the ruling aligns with President Bola Ahmed Tinubu’s Renewed Hope Agenda, which prioritizes justice, accountability, and equity in the Nigerian marketplace.
As the digital economy continues to expand, today’s judgment sets a powerful precedent for regulatory oversight, affirming that consumer rights in Nigeria must be respected — both online and offline.
