In an appeal against the Federal Competition and Consumer Protection Commission (FCCPC) filed by Meta Platforms Incorporated (Facebook) and WhatsApp LLC, the Competition and Consumer Protection Tribunal on Friday issued its ruling, upholding the Commission’s jurisdiction and actions in almost all of the disputed matters.

In particular, the Tribunal found that the Commission fulfilled its purpose, acted within the parameters of the 1999 Constitution (as amended), and adhered to existing legislation. It ruled that the Commission was right to find that WhatsApp and Meta had committed multiple violations.

The Tribunal upheld the majority of the FCCPC’s Final Order and imposed an administrative penalty of $220 million on Meta Platforms Incorporated and WhatsApp LLC. Additionally, the Tribunal awarded the FCCPC $35,000 to cover investigational costs.

The Honourable Thomas Okosun served as the head of the tribunal’s three-member panel.

A statement by Ondaje Ijagwu, Director, Corporate Affairs of the FCCPC, stated that Professor Gbolahan Elias (SAN) led the legal teams for WhatsApp and Meta, while Mr Babatunde Irukera led the legal team for the FCCPC. On January 28, 2025, both teams had presented their closing arguments for their respective clients.

After determining that the corporations had engaged in exploitative and discriminatory activities against Nigerian customers, the FCCPC issued a Final Order on July 19, 2024, imposing an administrative penalty of $220 million. The inquiry began in 2020.

The case resulted from a 38-month joint investigation into the behaviour, privacy rules, and consumer data practices of WhatsApp and Meta Platforms that was started by the Nigeria Data Protection Commission (NDPC) and the FCCPC.

Dissatisfied with the order last year, Meta and WhatsApp filed an appeal with the Tribunal, contesting the Commission’s conclusions as well as its legal foundation.

The Tribunal upheld the Commission’s investigative methods and procedures in its decision.

He restated FCCPC’s unwavering commitment to championing the rights of Nigerian consumers and ensuring fair business practices in the country in accordance with FCCPA (2018) and consistent with the Renewed Hope Agenda of President Bola Ahmed Tinubu.