Meta Platforms Inc., parent company of Facebook and Instagram, has moved to resolve its legal dispute with the Nigeria Data Protection Commission (NDPC) through an out-of-court settlement, after months of courtroom wrangling over a $32.8 million fine and corrective orders imposed for alleged violations of Nigerian users’ data privacy rights.
At the Federal High Court in Abuja on Friday, Meta’s counsel, Fred Onwuobia, SAN, told Justice James Omotosho that discussions with the Commission had “reached an advanced stage at settlement” and urged the court to defer its ruling on pending applications. He said both parties feared that a court decision on the NDPC’s preliminary objection and Meta’s motion to amend its filings could derail the talks.
“The draft terms of settlement have been exchanged,” Onwuobia said, requesting an adjournment to allow the parties conclude.
NDPC’s counsel, Adeola Adedipe, SAN, confirmed the development, adding: “Settlement discussions have advanced appreciably. We ask for an adjournment so that we can return with terms of settlement that the court can adopt as a consent judgment.”
Justice Omotosho agreed, noting that the court encourages amicable resolution of disputes. “I am inclined not to deliver my ruling today,” he said, adjourning the matter to October 31, 2025, for either a ruling or adoption of settlement terms.
The dispute dates back to February 18, 2025, when the NDPC fined Meta $32.8 million and issued eight corrective orders following a petition by the Personal Data Protection Awareness Initiative (PDPAI). The petition alleged that Meta conducted behavioural advertising on Facebook and Instagram without obtaining the express consent of Nigerian users.
The Commission accused Meta of breaching the Nigeria Data Protection Act by failing to file its 2022 compliance audit, violating cross-border data transfer rules, and processing the data of individuals who were not even registered users of its platforms.
Meta challenged the findings in court, arguing that it was denied fair hearing and due process. Its lead counsel, Prof. Gbolahan Elias, SAN, asked the court to quash the enforcement orders, insisting they violated Section 36 of the Nigerian Constitution.
NDPC countered that Meta’s suit was “grossly incompetent,” contending that the company failed to comply with rules guiding judicial review under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019.
In a related case, the NDPC also fined Multichoice Nigeria N766.2 million for alleged violations of subscribers’ data privacy rights, further underscoring the regulator’s growing enforcement drive under the Data Protection Act signed into law by President Bola Tinubu in June 2023.
