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 issued on Friday, the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, announced that the Tribunal also awarded the Commission $35,000 to cover investigation costs.

Ijagwu noted that the Tribunal determined the Commission had complied with relevant laws, fulfilled its mandate, and exercised its powers within the confines of the 1999 Constitution (as amended). He added that the Tribunal affirmed the Commission’s findings, concluding that Meta and WhatsApp’s multiple violations were correctly identified and that the FCCPC acted properly.

The three-member panel was chaired by Hon. Thomas Okosun while Meta and WhatsApp were represented by Gbolahan Elias (SAN), while the FCCPC’s legal team was led by Babatunde Irukera. Both sides presented final arguments on 28 January 2025.

The FCCPC had issued a Final Order on 19 July 2024, imposing the $220 million penalty after concluding that Meta and WhatsApp engaged in discriminatory and exploitative practices against Nigerian consumers. The Commission’s investigation began in 2020, in collaboration with the Nigeria Data Protection Commission (NDPC), focusing on Meta’s conduct, privacy practices, and consumer data policies.

Following the Order, Meta and WhatsApp appealed to the Tribunal, challenging the Commission’s legal authority and findings.

In its ruling, the Tribunal validated the FCCPC’s investigative processes, resolving Issues 1 to 7 largely in favour of the Commission and dismissing Meta’s objections.

One of the key issues—Issue 3, alleging a breach of fair hearing—was resolved in favour of the FCCPC. The Tribunal found that the Commission had adequately afforded the appellants an opportunity to respond, with no violation of constitutional due process.

On Issue 4, questioning the FCCPC’s authority over data protection matters, the Tribunal reaffirmed the Commission’s powers under Section 104 of the FCCPA to regulate competition and consumer protection, even within regulated sectors.

Issue 5, challenging the Commission’s findings on Meta’s privacy policies, was also decided in favour of the FCCPC. The Tribunal found that Meta’s privacy policy contravened Nigerian law.

While the Tribunal upheld most of the Commission’s Orders, it set aside Order 7, citing insufficient legal basis.

Reacting to the judgment, FCCPC Executive Vice Chairman/CEO Tunji Bello praised the legal team’s diligence and reaffirmed the Commission’s commitment to protecting Nigerian consumers and ensuring fair business practices, in line with the FCCPA (2018) and President Bola Tinubu’s Renewed Hope Agenda.