FCCPC Responds to Meta’s threat to Exit Nigeria On $220 Million Fine

The Federal Competition and Consumer Protection Commission (FCCPC) of Nigeria is stepping up its enforcement against large corporations and is looking into claims of consumer rights abuses by GTBank, MTN, and Air Peace. This occurs in the midst of a well-known conflict with Meta Platforms regarding a $290 million fine that the Competition and Consumer Protection Tribunal upheld.

The FCCPC denounced Meta’s recent threat to leave Nigeria in a statement issued by its Director of Public Affairs, calling it a ploy to elicit sympathy from the public and put pressure on the Commission to change its mind. According to the Commission, Meta was convicted of frequently breaking Nigeria’s rules pertaining to data privacy and consumer protection, including denying consumers control over their data and enforcing unfair policies in comparison to other nations.

In response to rumours that Meta was threatening to leave Nigeria after the Court upheld the Commission’s $220 million punishment against the company, the Federal Competition and Consumer Protection Commission (FCCPC) has responded.

The Commission called Meta’s warning “a calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision” in a statement signed by Ondaje Ijagwu, its Director of Public Affairs.

The FCCPC looked into claims of violations of the Nigerian Data Protection Regulation (NDPR) and the Federal Competition and Consumer Protection Act (FCCPA) by Meta Platforms and WhatsApp (collectively referred to as the “Meta Parties”).

Stating Meta’s offenses, according to the Commission, Meta Parties violated the NDPR and the FCCPA (2018) on several occasions.

These violations, according to the FCCPC, included exchanging and transferring Nigerian user data without permission and depriving Nigerians the ability to govern their personal data.

Additionally, it was discovered that the corporation was exploiting its dominating market position by imposing discriminatory privacy standards and discriminating against Nigerian consumers in comparison to users in other jurisdictions.

Nigeria is not the first country to fine Meta as the Commission pointed out that Meta had just recently been asked to pay $1.3 billion for breaking the EU Data Privacy Rules and had previously been fined $1.5% billion for similar violations in Texas.

Although Meta has already been hit with similar fines around the world, including $1.5 billion in Texas and $1.3 billion in the EU, the FCCPC pointed out that the business complied with decisions in other jurisdictions without using coercion. It said that Meta had to abide with the tribunal’s ruling in order to conform to both international consumer rights norms and Nigerian law. 

Meta had already been subject to different sanctions for comparable violations in South Korea, France, Australia, and India. However, Meta never used the blackmail tactic of threatening to leave those nations. They did what they were told.

“Merely threatening to leave Nigeria does not release Meta from responsibility for the results of a legal proceeding,” the FCCPC said.

To be clear, the FCCPC is still dedicated to pursuing data privacy and consumer protection in order to create a more equitable digital market in Nigeria, the statement continued.

The Commission claims that the Competition and Consumer Protection Tribunal’s recent affirmation of the FCCPC’s final order mandates that Meta Parties take action to abide by Nigerian law, cease taking advantage of Nigerian consumers, modify their business practices to meet Nigerian standards, and respect consumer rights in accordance with global best practices.

With the Background information and with reference to “unrealistic” regulatory demands and almost $290 million in fines from three government agencies, Meta, the parent company of Facebook, WhatsApp, and Instagram, has threatened to halt both services in Nigeria.

The warning comes after a failed legal challenge to penalties that Nigerian authorities insist must be paid by the end of June 2025, according to court records examined by the BBC on Friday.

In a statement released in July 2024, the FCCPC accused Meta of violating regional consumer and data protection laws by disclosing personal information on Facebook and WhatsApp.

Instead of using ultimatums, the Commission urged Meta to alter its operations in Nigeria and reiterated its commitment to safeguarding Nigerian consumers. It emphasized that regardless of Meta’s presence in the nation, its legal responsibilities will still apply.

This aggressive attitude signals expanded enforcement of Nigeria’s consumer protection legislation at a time when the FCCPC is also stepping up its inspection of other large firms, including GTBank, MTN, and Air Peace.