The Nigeria Competition and Consumer Protection Tribunal has ordered WhatsApp and Meta Platforms Inc. to pay a fine of $220 million, along with $35,000 to the Federal Competition and Consumer Protection Commission, for data discrimination practices
It said they have 60 days to comply with the ruling.
The tribunal upheld the $220 million fine imposed on WhatsApp and Meta Platforms Incorporated by FCCPC, along with $35,000 to cover the cost of the investigation.
It also rejected WhatsApp and Meta’s appeal against the penalty for alleged discriminatory practices in Nigeria.
The tribunal’s three-member panel, chaired by Thomas Okosun, delivered the verdict on Friday.
Final arguments on behalf of WhatsApp and Meta were presented by their legal team, led by Professor Gbolahan Elias (SAN), while the FCCPC’s legal team, headed by Babatunde Irukera (SAN), made their case on January 28, 2025.
“The appellants were given ample opportunity to be heard,” Okosun said.
“The tribunal finds that the FCCPC did not exceed its powers while making orders in respect to data protection,” the tribunal said, adding that the FCCPC acted within its lawful mandate to address market dominance.
The tribunal concluded that Meta and WhatsApp violated Nigeria’s data protection laws by transferring consumer data to third parties.
It also supported the FCCPC’s stance that the privacy policies of WhatsApp and Meta were in breach of Nigerian laws.
“The tribunal finds no error in the overall orders of the FCCPC,” the tribunal held.
“Accordingly, the administrative penalties of the FCCPC were lawfully imposed on Meta and WhatsApp,” the tribunal held.
The tribunal ruled that the appellants’ appeal against the FCCPC was unsuccessful and dismissed.
It was previously reported that WhatsApp and Meta Platforms Incorporated had appealed to the tribunal, seeking to overturn the FCCPC’s $220 million penalty.
They cited 22 reasons, including vague directives, unjustifiable data-sharing orders, and procedural errors.
The appellants argued that the FCCPC’s demands were vague, technically impossible to implement within the given timeframe, and lacked support from Nigerian law.
