The Competition and Consumer Protection Tribunal, on Friday, April 25, 2025, delivered judgement in the appeal filed by Meta Platforms Incorporated (Facebook) and WhatsApp LLC against the Federal Competition and Consumer Protection Commission (FCCPC).
The tribunal stated that the FCCPC complied with prevailing laws, discharged its mandate, and exercised its powers within the confines of the 1999 Constitution (as amended).
It ruled that the multiple actions by WhatsApp and Meta, for which the FCCPC made findings of violations, were correctly identified, and that the commission did not err in making those findings.
In addition to upholding the major aspects of the FCCPC’s Final Order, the tribunal awarded the sum of $220 million against Meta Platforms Incorporated and WhatsApp LLC as an administrative penalty, and further awarded $35,000 to the FCCPC as cost of investigation.
The tribunal’s three-member panel was led by Thomas Okosun.
WhatsApp and Meta’s legal team was led by Professor Gbolahan Elias (SAN), while the FCCPC’s legal team was led by Babatunde Irukera.
Both teams had made their final arguments on behalf of their respective clients on January 28, 2025.
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The FCCPC had, on July on July 19, 2024, issued a final order imposing a $220 million administrative penalty after concluding that the companies engaged in discriminatory and exploitative practices against Nigerian consumers.
The investigation started in 2020.
The case arose from a 38-month joint investigation initiated by the FCCPC and the Nigeria Data Protection Commission (NDPC) into the conduct, privacy practices, and consumer data policies of Meta Platforms and WhatsApp.
Dissatisfied with the order last year, Meta and WhatsApp appealed to the tribunal, challenging both the legal basis and the findings of the commission.
While ruling on Meta’s appeal, the tribunal also validated the commission’s investigative procedures and processes.
Speaking on the judgement, the FCCPC Executive Vice Chairman/CEO, Tunji Bello, thanked the commission’s legal team for their diligence and skills in assembling evidence and marshalling their argument.
He restated FCCPC’s commitment to not only championing the rights of Nigerian consumers but also ensuring fair business practices in the country in accordance with FCCPA (2018) and consistent with the Renewed Hope Agenda of President Bola Tinubu.
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