The Competition and Consumer Protection Tribunal has upheld the Federal Competition and Consumer Protection Commission (FCCPC) ruling against Meta Platforms Incorporated (Facebook) and WhatsApp LLC, confirming the commission’s authority and actions.
In its judgment on Friday, April 25, the Tribunal affirmed the Commission’s compliance with the law, ruling that Meta and WhatsApp had violated Nigerian consumer protection regulations.
The Tribunal dismissed the appeal filed by the companies, challenging the findings and legal basis of the FCCPC’s orders.
It also imposed a $220 million penalty on Meta and WhatsApp, alongside $35,000 for the cost of investigation, noting the companies’ discriminatory and exploitative practices against Nigerian consumers.
The case stems from a 38-month investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC), which began in 2020.
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The investigation scrutinised Meta and WhatsApp’s privacy practices, consumer data policies, and the companies’ conduct in Nigeria.
Meta and WhatsApp’s legal teams, led by Professor Gbolahan Elias (SAN), had contested the findings during the appeal. However, the Tribunal ruled in favour of the FCCPC, led by Barr. Babatunde Irukera, on most of the contested issues.
Key rulings included validation of the FCCPC’s investigative procedures, the commission’s powers to regulate competition and consumer protection, and its findings on Meta’s privacy policies. The Tribunal also affirmed that no breach of fair hearing occurred during the process.
Despite the ruling largely siding with the FCCPC, the Tribunal set aside one order related to legal foundations for certain aspects of the Final Order, a minor adjustment in the Commission’s penalty structure.
FCCPC’s Executive Vice Chairman/CEO, Mr. Tunji Bello, expressed satisfaction with the outcome, praising the legal team’s work and reiterating the Commission’s commitment to protecting Nigerian consumers and ensuring fair business practices in alignment with President Bola Tinubu’s Renewed Hope Agenda.