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Nigeria Data Protection Commission, Meta Move Toward Settlement in Privacy Case
The Nigeria Data Protection Commission (NDPC) and Meta Platforms, Inc., the parent company of Facebook and Instagram, have agreed to an out-of-court settlement in the ongoing legal dispute over a $32.8 million fine imposed on Meta for alleged violations of Nigerian users’ privacy rights.
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The decision to pursue settlement was announced on Friday before Justice James Omotosho of the Federal High Court, Abuja, following months of legal exchanges between both parties.
Background: $32.8 Million Fine Over Data Privacy Violations
The NDPC had, on February 18, imposed a $32.8 million remedial fine and issued eight corrective orders against Meta, alleging that the tech giant’s behavioural advertising practices on its platforms violated the privacy rights of Nigerian users.
The fine, issued under the Nigeria Data Protection Act (NDPA) — signed into law by President Bola Ahmed Tinubu in June 2023 — marked one of the strongest enforcement actions since the law’s enactment, aimed at strengthening personal data protection in Nigeria’s digital ecosystem.
Meta’s Legal Challenge and NDPC’s Objection
Dissatisfied with the ruling, Meta filed a motion ex parte on February 26, challenging the regulatory decision.
In the motion, marked FHC/ABJ/CS/355/2025, Meta sought a judicial review of the NDPC’s compliance and enforcement orders.
Justice Omotosho, on March 4, granted Meta leave to commence judicial review proceedings but refused to stay the NDPC’s “Final Orders,” instead ordering an accelerated hearing of the case.
The NDPC, represented by Adeola Adedipe (SAN), later filed a preliminary objection dated April 10, arguing that Meta’s suit was incompetent and that the court lacked jurisdiction.
According to Adedipe, the suit violated Order 34 Rule 6(1) of the Federal High Court (Civil Procedure) Rules, 2019, and the reliefs sought were academic and speculative.
Parties Shift to Settlement Talks
At the scheduled ruling on Friday, October 3, Meta’s counsel, Onwuobia, informed the court that both parties had reached an advanced stage of settlement negotiations. He disclosed that draft terms of agreement had been exchanged and requested an adjournment to allow for finalization.
Confirming the development, NDPC’s counsel, Adedipe, said discussions had progressed substantially and that both sides were working toward a consent judgment.
Justice Omotosho welcomed the move, noting that the court encourages amicable resolution of disputes. He therefore deferred ruling and adjourned the case to October 31 for either the adoption of the settlement terms or the delivery of a ruling.
What the Settlement Means for Nigeria’s Data Protection Regime
The out-of-court settlement signals a potential landmark resolution between the Nigerian data protection regulator and one of the world’s largest social media companies. If finalized, the agreement could set a precedent for compliance with Nigeria’s emerging data protection laws and demonstrate the NDPC’s readiness to balance enforcement with collaboration in the country’s growing digital economy.
