In a significant victory for Nigeria's consumer protection efforts, the Competition and Consumer Protection Tribunal has upheld a $220 million administrative penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) on Meta Platforms Incorporated (Facebook) and WhatsApp LLC. The Tribunal’s judgment, delivered on Friday, affirmed the FCCPC's constitutional and statutory powers, deeming its findings lawful, thorough, and procedurally sound. Additionally, the Tribunal awarded the FCCPC $35,000 to cover the cost of its investigation.

The panel, led by Honourable Thomas Okosun, determined that Meta and WhatsApp had violated Nigerian consumer protection laws through discriminatory and exploitative practices. These violations were uncovered during a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC), commencing in 2020. The investigation scrutinized the companies’ data privacy practices, consumer data policies, and conduct within the Nigerian digital space.

Meta and WhatsApp contested the FCCPC’s July 2024 Final Order, which imposed the fine, questioning its legal basis and investigative process. However, the Tribunal resolved the majority of contested issues—seven in total—in favor of the FCCPC. Specifically, Issue 3, which concerned the right to a fair hearing, was decided in favor of the FCCPC. The Tribunal affirmed that Meta and WhatsApp were given ample opportunity to defend themselves, and no breach of constitutional due process occurred.

Regarding the FCCPC’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. This section asserts that its powers extend to ensuring consumer protection, even within regulated industries such as digital technology. The Tribunal also upheld the FCCPC’s findings regarding the companies’ privacy policies (Issue 5), determining that the policies in question contravened Nigerian law.

While the Tribunal upheld most of the FCCPC’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.” Mr. Bello reaffirmed the FCCPC’s commitment to consumer rights and market fairness, aligning 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.