The competition and consumer protection tribunal has upheld the $220 million fine imposed on Meta Platforms Incorporated by the Federal Competition and Consumer Protection Commission (FCCPC).
In a statement on April 25, by Ondaje Ijagwu, the agency’s director for corporate affairs, FCCPC said the tribunal also awarded $35,000 to the commission for the cost incurred during the investigation.
The tribunal led by Thomas Okosun ruled that the FCCPC acted within its constitutional and statutory powers in investigating and sanctioning the companies for alleged anti-competitive and exploitative practices.
However, Meta said it will appeal the tribunal’s decision.
In addition to upholding the major aspects of the FCCPC’s Final Order, the Tribunal awarded the sum of $220 million against Meta Platforms Incorporated and WhatsApp LLC as an administrative penalty, and further awarded $35,000 to the FCCPC as cost of investigation.
This came as the Executive Vice Chairman/Chief Executive, FCCPC, Mr. Tunji Bello, hailed the outcome of the legal tussle, and commended the commission’s legal team for its exceptional diligence and forensic skills in assembling evidence and marshalling their argument.
The tribunal’s three-member panel was led by Hon. Thomas Okosun.
WhatsApp and Meta’s legal team was led by Prof. Gbolahan Elias while the FCCPC’s legal team was led by Mr. Babatunde Irukera.
Both teams had made their final arguments on behalf of their respective clients on January 28, 2025.
The FCCPC had on July 19, 2024, issued a Final Order imposing a $220 million administrative penalty after concluding that the companies engaged in discriminatory and exploitative practices against Nigerian consumers.
The investigation, which started in 2020, arose from a 38-month joint investigation initiated by the FCCPC and the Nigeria Data Protection Commission (NDPC) into the conduct, privacy practices, and consumer data policies of Meta Platforms and WhatsApp.
Dissatisfied with the Order last year, Meta and WhatsApp appealed to the Tribunal, challenging both the legal basis and the findings of the Commission.
While ruling on Meta’s appeal, the tribunal also validated the commission’s investigative procedures and processes.
The tribunal resolved issues one to seven largely in favour of the FCCPC, dismissing the appellants’ objections to the Commission’s findings, orders, and legal competence.
