The Competition and Consumer Protection Tribunal has upheld the $220 million fine Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) imposed on Meta Platforms Incorporated. This ruling marks a major win for consumer rights enforcement in Nigeria.
On Friday, FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, announced the tribunal’s decision in a statement. He said the judgment confirms the FCCPC’s legal powers under Nigerian law and shows it followed due process during its investigation. The tribunal also awarded the commission an extra $35,000 to cover investigation costs.
A three-member panel, led by Hon. Thomas Okosun, delivered the judgment. The panel dismissed Meta and WhatsApp’s appeal, which questioned the legal grounds, procedures, and findings of the FCCPC’s investigation into their business activities.
Ijagwu explained that the tribunal ruled the FCCPC acted “within the bounds of the 1999 Constitution” and properly exercised its authority. It also confirmed that the evidence supported the FCCPC’s findings about Meta and WhatsApp’s unfair and exploitative practices toward Nigerian consumers.
FCCPC’s Investigation Into Meta and WhatsApp
The decision comes after a long 38-month investigation, which the FCCPC launched in 2020 alongside the Nigeria Data Protection Commission (NDPC). The investigation focused on how Meta’s platforms, especially WhatsApp, handled data privacy, user consent, and competition practices.
In July 2024, the FCCPC issued a Final Order, slamming a $220 million penalty on Meta and WhatsApp for their misconduct. Unsatisfied with the ruling, the companies appealed, claiming the FCCPC overstepped its authority, especially in handling data protection matters, and did not grant them a fair hearing.
However, the tribunal rejected most of their arguments. It ruled that:
- Meta and WhatsApp received enough chances to present their defense, meaning their right to a fair hearing was respected.
- The FCCPC acted within its legal authority under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) when it intervened in matters affecting Nigerian consumers.
- Meta’s privacy policy violated Nigerian law.
Although the tribunal agreed with most parts of the FCCPC’s decision, it canceled one of the 13 orders listed in the commission’s Final Order—Order 7—due to a lack of sufficient legal grounds.
FCCPC Celebrates Major Victory
Reacting to the ruling, FCCPC Executive Vice Chairman and CEO, Mr. Tunji Bello, called the decision a historic win for consumer protection in Nigeria. He praised the commission’s legal team for their hard work and promised to continue promoting fair business practices.
“This judgment confirms our role as defenders of Nigerian consumers,” Bello said. “It also shows that even the world’s biggest companies must respect Nigerian laws when dealing with our people.”
With this major victory, the FCCPC has strengthened its commitment to protecting Nigerian consumers and ensuring fair competition in the digital space.
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