Nigeria’s Competition and Consumer Protection Tribunal has upheld a $220 million administrative fine against Meta Inc, Facebook, and WhatsApp LLC, affirming the Federal Competition and Consumer Protection Commission’s, FCCPC, authority and actions.
Delivering judgment in the tech giants’ appeal on Friday, the three-member panel led by Hon. Thomas Okosun, found that the FCCPC acted within its constitutional and statutory powers.
The Tribunal ruled that the Commission rightly identified multiple violations by Meta and WhatsApp and followed due process in arriving at its conclusions.
According to a statement by FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, the Tribunal not only validated the Commission’s Final Order but also awarded an additional $35,000 to the FCCPC to cover investigation costs.
Meta and WhatsApp had challenged the FCCPC’s July 2024 ruling, which followed a 38-month joint investigation with the Nigeria Data Protection Commission, NDPC, into alleged discriminatory and exploitative data practices.
Their legal team, led by Prof. Gbolahan Elias, SAN, contested the Commission’s findings on several grounds, including breach of fair hearing and overreach on data protection matters.
But the Tribunal dismissed nearly all the issues raised, including the critical allegation of denial of fair hearing.
It held that the FCCPC afforded the companies ample opportunity to respond and acted within its mandate under the Federal Competition and Consumer Protection Act, FCCPA, 2018.
Specifically, the Tribunal affirmed the FCCPC’s authority to regulate competition and consumer protection in sectors already under other regulatory frameworks, citing Section 104 of the FCCPA.
Only one aspect of the Commission’s Final Order, Order 7, was set aside for lacking sufficient legal basis.
Reacting to the judgment, FCCPC Executive Vice Chairman, Mr. Tunji Bello, hailed it as a landmark decision that reinforces the Commission’s role in protecting Nigerian consumers.
Bello praised the Commission’s legal team, led by Mr. Babatunde Irukera, for their diligence and expertise, and reaffirmed the FCCPC’s commitment to fair business practices in line with the Renewed Hope Agenda of President Bola Tinubu.
