The Nigeria Data Protection Commission (NDPC) has asked the Federal High Court in Abuja to strike out a lawsuit filed by Meta Platforms Inc., the parent company of Facebook and Instagram, challenging a $32.8 million fine and a series of compliance orders issued against it for alleged data privacy violations involving Nigerian users.
In a preliminary objection filed before the court, the NDPC insisted that Meta’s suit is “grossly incompetent” and that the court lacks jurisdiction to hear the case.
The Commission argued that Meta failed to comply with the rules guiding judicial review processes under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019.
The fine against Meta
The case stems from NDPC’s February 18, 2025, decision to fine Meta $32.8 million and impose eight corrective orders over alleged breaches of the Nigeria Data Protection Act.
The Commission said it received a petition from a civil society group, the Personal Data Protection Awareness Initiative (PDPAI), which alleged that Meta engaged in behavioural advertising on Facebook and Instagram without obtaining the express consent of Nigerian users.
- According to the NDPC, the investigation revealed multiple disturbing findings, including the unauthorized use of sensitive personal data—such as the sex lives and drug use of minors, manipulated profiles of journalists, and even explicit childbirth footage.
- The Commission accused Meta of failing to file a 2022 compliance audit, violating cross-border data transfer rules, and processing the data of non-users of its platforms, among other infractions.
- Meta is contesting both the findings and the process leading up to the NDPC’s Final Orders. In a motion filed on March 19, the tech giant argued that it was denied fair hearing and due process, stating that the Commission failed to provide adequate notice or allow it an opportunity to respond before issuing the orders.
Meta’s lead counsel, Prof. Gbolahan Elias, SAN, asked the court to quash the enforcement orders, arguing they violate Section 36 of the Nigerian Constitution.
NDPC’s argument
However, NDPC’s counsel, Adeola Adedipe, SAN, countered that Meta’s originating summons and its attached statements do not align, making the entire suit defective.
He argued that Meta is attempting to substitute its reliefs—already ruled on ex-parte—with new claims under the guise of an amendment, which is not permitted under the court rules. He urged the court to dismiss the application outright.
- In response, Meta’s legal team filed a motion on April 23 seeking permission to amend its initial statement to reflect the relief already stated in the originating summons, aiming to harmonize the documents. Meta argued that the amendment was necessary for clarity and would not prejudice the NDPC.
- Justice James Omotosho, who is presiding over the case, previously granted Meta permission to commence judicial review proceedings but denied its request to stay the enforcement of NDPC’s orders. He instead ordered an accelerated hearing of the suit.
After hearing arguments from both sides, Justice Omotosho adjourned the matter to October 3, 2025, for a consolidated ruling on both NDPC’s preliminary objection and Meta’s motion to amend its court filings.
What you should know
The fine against Meta came as one of the measures by the NDPC in protecting Nigerians’ data under the Nigeria Data Protection Act, signed into law by President Bola Tinubu in June 2023.
In a similar development, the NDPC recently slammed a N766.2 million fine against Pay-TV operator, Multichoice Nigeria, for breaching the Act.
According to the NDPC, Multichoice was found to have violated the data privacy rights of subscribers and their friends who are not necessarily subscribers.
The Commission also found that Multichoice carries out illegal cross-border transfer of personal data relating to data subjects in Nigeria.
