The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc., the parent company of Facebook and Instagram, have reached a settlement agreement over a $32.8 million fine and compliance orders issued for alleged data privacy violations involving Nigerian users. The development was disclosed to Justice James Omotosho of the Federal High Court Abuja by the legal teams of both parties, who had earlier appeared in court for a ruling on the NDPC’s preliminary objection against Meta.
The NDPC had filed a preliminary objection, arguing that Meta’s suit was incompetent and that the court lacked jurisdiction to hear the case. The Commission claimed that Meta failed to comply with the rules guiding judicial review processes under the Federal High Court (Civil Procedure) Rules, 2019. However, Meta’s lawyer, Fred Onwuobia, SAN, urged the court to defer the ruling, as the parties had reached an advanced stage of settlement. He stated that the draft terms of settlement had been exchanged and requested an adjournment for a report of settlement.
The NDPC’s counsel, Adeola Adedipe, SAN, confirmed that settlement discussions had advanced appreciably and urged the court to adjourn to allow the parties to finalize the settlement terms. Justice Omotosho, noting that the court encourages settlement, adjourned the case to October 31, 2025, for either a ruling or adoption of the terms of settlement.
The dispute arose in February when the NDPC fined Meta $32.8 million and imposed eight corrective orders for alleged breaches of the Nigeria Data Protection Act. The Commission had received a petition from a civil society group, the Personal Data Protection Awareness Initiative (PDPAI), alleging that Meta engaged in behavioral advertising on Facebook and Instagram without obtaining the express consent of Nigerian users. Meta contested the findings and process, arguing that it was denied fair hearing and due process.
The settlement agreement marks a significant development in the case, which had sparked concerns about data privacy and protection in Nigeria. The outcome is expected to have implications for the regulation of social media platforms in the country. With the adjournment, the parties will have time to finalize the settlement terms, which will be presented to the court for adoption as a consent judgment. The case highlights the importance of data protection and the need for social media platforms to comply with relevant laws and regulations.
