The Nigeria Data Protection Commission (NDPC) and Meta Platforms, Inc., parent company of Facebook and Instagram, are set to formally conclude their high-profile legal dispute over a $32.8 million data privacy fine, as both parties have reached a settlement.
According to court filings, the case will come up before Justice James Omotosho of the Federal High Court, Abuja, on November 3, when the parties are expected to adopt the terms of settlement.
The dispute originated on February 18, when the NDPC imposed a remedial fee of $32.8 million and issued eight corrective orders against Meta. The commission alleged that the tech giant had violated the privacy rights of Nigerian users through its behavioral advertising practices on Facebook and Instagram.
Unhappy with the regulatory action, Meta filed a suit seeking a judicial review to set aside the NDPC’s sanction.
The move toward reconciliation first became public on October 3, when Meta’s counsel, Fred Onuobia, SAN, told the court that both parties were in advanced negotiations. Confirming the progress on Friday, he said,
“We are happy to announce to my lord that the parties have reached a settlement.”
However, Justice Omotosho adjourned the formal adoption of the settlement until November 3, citing the late filing of documents by Meta’s lawyers. The judge declined an immediate “standdown” to allow filing, stressing that he must carefully review the settlement terms to ensure that no clause exceeds the scope of the original claims.
The NDPC’s lawyer, Adeola Adedipe, SAN, thanked the court for accommodating the parties and noted that the case had initially been slated for a ruling on the NDPC’s preliminary objection before the court encouraged reconciliation.
This case represents a landmark enforcement action under the Nigeria Data Protection Act, which was signed into law in June 2023, and underscores the NDPC’s growing resolve to protect Nigerians’ data privacy rights against global tech giants.
