Amid $32.8M Privacy Penalty, Meta and NDPC Move Toward Settlement

Facebook and Instagram parent company Meta Platforms Inc. filed a lawsuit against the Nigeria Data Protection Commission (NDPC) on Friday, claiming that the latter had fined the company $32.8 million and issued a number of compliance orders for alleged data privacy violations involving Nigerian users. The company then requested an out-of-court settlement with the NDPC.

Both sides’ legal teams informed Justice James Omotosho of the Federal High Court Abuja of the settlement efforts. Omotosho had previously scheduled today for a decision on the internet giant’s application to modify its court files and NDPC’s preliminary objection against Meta.

The NDPC had earlier requested that the Federal High Court in Abuja dismiss a lawsuit brought by Meta Platforms Inc., according to a report by a news agency.

The NDPC claimed in its preliminary objection submitted to the court that the court lacked jurisdiction to hear the case and that Meta’s suit was “grossly incompetent.”

Under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019, the Commission contended that Meta had not complied with the regulations governing judicial review procedures.

In the legal Conflict, the case is related to NDPC’s February 18, 2025, decision to impose eight corrective orders and a $32.8 million punishment on Meta for alleged violations of the Nigeria Data Protection Act.

According to the Commission, a civil society organisation called the Personal Data Protection Awareness Initiative (PDPAI) petitioned it, alleging that Meta used Facebook and Instagram to advertise in a behavioural manner without getting Nigerian consumers’ express agreement.

In addition to other violations, the Commission accused Meta of processing the data of non-users of its platforms, failing to file a 2022 compliance audit, and breaking cross-border data transfer regulations.

Through its case, Meta however challenged the NDPC’s Final Orders’ findings as well as the procedure that preceded them.

The tech giant had claimed in a March 19 motion that it was not given a fair hearing or due process because the Commission did not provide it enough notice or give it a chance to reply before making the orders.

Prof. Gbolahan Elias, SAN, Meta’s main attorney, requested that the court revoke the enforcement orders on the grounds that they are in violation of Section 36 of the Nigerian Constitution.

NDPC’s attorney, Adeola Adedipe, SAN, retorted that the complaint is flawed because Meta’s original summons and the statements it included do not match.

Under the pretence of an amendment, he contended that Meta is trying to replace its reliefs which have already been decided ex-parte—with new claims, which is prohibited by the court’s rules.

He pleaded with the judge to reject the application completely. And to harmonise the documents, Meta’s legal team responded by filing a request on April 23 to revise its opening statement to include the remedy already mentioned in the original summons.

The case’s presiding judge, Justice James Omotosho, earlier allowed Meta to start judicial review proceedings but turned down its bid to halt the NDPC’s directives from being enforced.

The case was postponed until October 3, 2025, for a consolidated ruling on NDPC’s preliminary objection and Meta’s application to amend its court documents after Justice Omotosho heard arguments from both sides.

At the court, the parties having “reached an advanced stage at settlement” in this dispute, Meta’s attorney, Fred Onwuobia, SAN, urged the court to postpone the decision on the preliminary objection and the move on notice to amend at the scheduled ruling.

He stated that the parties have decided to pursue a settlement, emphasising that they “are afraid” that the decision will have an impact on settlement talks.

He urged the court to allow an adjournment for a report of settlement, stating that “the draft terms of settlement have been exchanged.”

Adedipe, SAN, affirmed the statement made by Meta’s attorney and added that “settlement discussions have advanced appreciably.”

He requested the court to postpone until they could return with parameters for a settlement that the court would accept as a “consent judgement” for the parties.

Justice Omotosho wrote in response to the parties that he is “inclined not to deliver his ruling today” since the court promotes settlement.

Everyone need to understand that, he postponed the decision until October 31, 2025, in order to implement the terms of the settlement.

The NDPC recently slapped Multichoice Nigeria, a pay-TV operator, with a N766.2 million punishment for violating the Act.

Also, It was determined that Multichoice had infringed upon the data privacy rights of subscribers and their non-subscriber acquaintances, according to the NDPC.

Multichoice illegally transfers personal data on data subjects in Nigeria across borders, the Commission also discovered.