The Tribunal confirms the Commission’s authority and upholds the FCCPC’s $220 million fine against Meta and WhatsApp

The FCCPC’s $220 million fine against Meta and WhatsApp has been upheld by the Competition and Consumer Protection Tribunal.

The Competition and Consumer Protection Tribunal has upheld a $220 million administrative penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) against Meta Platforms Incorporated (Facebook) and WhatsApp LLC, marking a major legal victory for Nigeria’s consumer protection regime.

The Commission acted within its constitutional and legislative powers, and its findings were legal, comprehensive, and procedurally sound, according to the Tribunal’s ruling in the appeal submitted by the internet titans on Friday. The FCCPC was also given an extra $35,000 in the ruling to help with the cost of its inquiry.

Following a 38-month joint investigation by the Nigeria Data Protection Commission (NDPC) and the FCCPC, the panel, chaired by the Honourable Thomas Okosun, concluded that Meta and WhatsApp had engaged in exploitative and discriminatory conduct that breached Nigerian consumer protection legislation. Starting in 2020, the inquiry examined the corporations’ consumer data policies, data privacy procedures, and online behavior in Nigeria.

The Commission’s July 2024 Final Order imposing the punishment was contested by Meta and WhatsApp, who questioned the investigation’s methodology as well as its legal foundation. But in a thorough ruling, the Tribunal decided most of the disputed issues—seven in all—in the FCCPC’s favor.

Among the important issues discussed, the FCCPC won the case on Issue 3, which dealt with the right to a fair trial. The Tribunal confirmed that there was no violation of constitutional due process and both Meta and WhatsApp were given sufficient time to defend themselves.

The Tribunal concluded that the FCCPC acted within its mandate under Section 104 of the FCCPA, stating that its powers extend to ensuring consumer protection even within regulated industries like digital technology, in response to the question of the Commission’s authority in matters relating to data protection (Issue 4).

The FCCPC’s conclusions regarding the companies’ privacy policies (Issue 5) were also upheld by the Tribunal, which concluded that the policies in question were illegal in Nigeria.

The Tribunal invalidated Order 7, alleging insufficient legal reason, but affirmed the majority of the Commission’s Final Order. However, the decision essentially upholds the FCCPC’s enforcement actions and regulatory authority.

Mr. Tunji Bello, Executive Vice Chairman/CEO of the FCCPC, praised the decision, calling it a historic confirmation of the Commission’s duty to safeguard Nigerian consumers and promote ethical business practices.

In accordance with the Federal Competition and Consumer Protection Act (FCCPA) of 2018 and President Bola Ahmed Tinubu’s Renewed Hope Agenda, he reaffirmed the FCCPC’s dedication to consumer rights and market fairness and praised the Commission’s legal team, headed by Mr. Babatunde Irukera, for their “exceptional diligence and forensic skills.”

Professor Gbolahan Elias (SAN) represented Meta and WhatsApp in the appeal, and Mr. Irukera led the FCCPC’s legal team. On January 28, 2025, the case’s last arguments were heard.
With this decision, the FCCPC has strengthened its position as a strong regulator of business conduct in Nigeria’s developing digital economy.