The clash between Meta Platforms Inc., the parent company of Facebook and Instagram, and Nigeria’s data watchdog, the Nigerian Data Protection Commission (NDPC), has entered a critical phase as both sides dig in over a hefty $32.8 million fine and sweeping compliance orders. The case, which centers on serious allegations of data privacy violations involving Nigerian users, is being closely watched for its potential to reshape the enforcement landscape of data protection laws in Africa.
In a recent filing at the Federal High Court in Abuja, the NDPC asked the court to dismiss Meta’s lawsuit, labeling it “grossly incompetent” and asserting that Meta failed to follow the judicial review procedures outlined in the Federal High Court Rules. The NDPC argues that the court lacks the jurisdiction to hear Meta’s case, which it claims is procedurally flawed.
The case stems from a February 2025 ruling by the NDPC that imposed a $32.8 million penalty on Meta and mandated eight corrective measures. These sanctions followed a complaint from the Personal Data Protection Awareness Initiative (PDPAI), a civil society group that accused Meta of conducting behavioral advertising on its platforms without the informed consent of Nigerian users.
The Commission’s probe uncovered a series of serious infractions, including the unauthorized use of minors’ sensitive data, profiling of journalists, and disturbing content involving childbirth, all without user consent. The NDPC also accused Meta of ignoring key data protection obligations, such as cross-border data transfer rules and annual audit filings.
Meta, however, is pushing back strongly. In a legal motion filed in March, the company alleged that it was denied due process, claiming it never received adequate notice or a fair chance to respond before the NDPC handed down its sanctions. Meta’s lead counsel, Prof. Gbolahan Elias (SAN), argued that the NDPC’s actions violate Meta’s constitutional right to a fair hearing under Section 36.
In return, the NDPC’s lawyer, Adeola Adedipe (SAN), countered that Meta’s filings are inconsistent and procedurally flawed, accusing the tech giant of trying to introduce new claims improperly. He urged the court to throw out the suit entirely.
To address the procedural gap, Meta filed a motion in April seeking to amend its original court documents to align with its relief claims, an attempt it insists is purely for clarification and not prejudicial.
Justice James Omotosho, who is presiding over the matter, had earlier permitted Meta to proceed with a judicial review but refused to halt the enforcement of the NDPC’s orders. The judge has now adjourned the case to October 3, 2025, when he is expected to deliver a consolidated ruling on both the NDPC’s preliminary objection and Meta’s motion to amend its filings.
This high-stakes legal battle unfolds against the backdrop of Nigeria’s strengthened data protection regime, anchored by the Nigeria Data Protection Act signed into law by President Bola Tinubu in June 2023. The law empowers the NDPC to investigate data abuses and enforce compliance, making this case a significant litmus test for regulatory authority and corporate accountability in the digital age.
