Abuja, – The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc., the parent company of Facebook and Instagram, have agreed to pursue an out-of-court settlement in a high-stakes dispute over a $32.8 million fine for alleged violations of Nigerian users’ data privacy rights.
The development came during a hearing at the Federal High Court in Abuja on October 3, where Justice James Kolawole Omotosho was set to rule on preliminary objections and motions related to Meta’s lawsuit challenging the NDPC’s February 18, 2025, decision. Instead, lawyers for both parties informed the court that negotiations had reached an advanced stage, with draft settlement terms already exchanged. The judge adjourned the matter to October 31, 2025, to allow time for finalization, emphasizing the court’s preference for amicable resolutions.
The fine stemmed from a petition by the Personal Data Protection Awareness Initiative (PDPAI), accusing Meta of engaging in behavioral advertising on its platforms without explicit user consent, failing to submit a required 2022 compliance audit, breaching rules on cross-border data transfers, and unlawfully processing data from non-users. In addition to the monetary penalty, the NDPC imposed eight corrective orders to address these breaches under the Nigeria Data Protection Act (NDPA), enacted in June 2023 to safeguard personal data in the country’s burgeoning digital economy.
Meta contested the sanctions in a March 19 lawsuit, arguing it was denied due process and a fair hearing, in violation of Section 36 of the Nigerian Constitution. The company sought to quash the orders, claiming inadequate notice and no opportunity to respond before the NDPC’s final decision. The NDPC countered with a preliminary objection, asserting the suit was procedurally flawed and that the court lacked jurisdiction.
This case marks a significant test for Nigeria’s data protection framework, Africa’s largest internet market, where regulators are increasingly holding global tech giants accountable. A successful settlement could set precedents for stronger privacy standards across the continent, potentially influencing Meta’s practices in other jurisdictions. It follows separate enforcement actions, including a $220 million fine upheld earlier in 2025 for related violations involving discriminatory data practices.
As talks progress, stakeholders await details on the potential agreement, which could be adopted as a consent judgment, avoiding a protracted court battle and underscoring Nigeria’s commitment to user data rights.