The Competition and Consumer Protection Tribunal, on Friday, delivered its judgement in the appeal filed by Meta Platforms Incorporated (Facebook) and WhatsApp LLC against the Federal Competition and Consumer Protection Commission (FCCPC), affirming the Commission’s authority and actions in nearly all the contested issues.
The Tribunal specifically determined that the Commission complied with extant laws, discharged its mandate, and exercised its powers within the confines of the 1999 Constitution (as amended). It ruled that the multiple actions by WhatsApp and Meta, for which the Commission made findings of violations, were correctly identified, and that the Commission did not err in making those findings.
In addition to upholding the major aspects of the FCCPC’s Final Order, the Tribunal awarded the sum of $220 million against Meta Platforms Incorporated and WhatsApp LLC as an administrative penalty, and further awarded $35,000 to the FCCPC as cost of investigation.
The Tribunal’s three-member panel was led by Honourable Thomas Okosun.
WhatsApp and Meta’s legal team was led by Professor Gbolahan Elias (SAN), while the FCCPC’s legal team was led by Barr. Babatunde Irukera. Both teams had made their final arguments on behalf of their respective clients on January 28, 2025.
The FCCPC had on July 19, 2024, issued a Final Order imposing a $220 million administrative penalty after concluding that the companies engaged in discriminatory and exploitative practices against Nigerian consumers.
LEADERSHIP recalls that the investigation started in 2020.
The case arose from a 38-month joint investigation initiated by the FCCPC and the Nigeria Data Protection Commission (NDPC) into the conduct, privacy practices, and consumer data policies of Meta Platforms and WhatsApp.
Dissatisfied with the Order last year, Meta and WhatsApp appealed to the Tribunal, challenging both the legal basis and the findings of the Commission.
While ruling on Meta’s appeal, the Tribunal also validated the Commission’s investigative procedures and processes.
The Tribunal resolved Issues 1 to 7 largely in favour of the FCCPC, dismissing the appellants’ objections to the Commission’s findings, orders, and legal competence.
One of the central issues (Issue 3) which alleged a breach of fair hearing, was decided in favour of the Commission, with the Tribunal affirming that the FCCPC fully discharged its quasi-judicial responsibilities by affording the appellants ample opportunity to respond. The Tribunal found no violation of constitutional due process.
On Issue 4, which questioned the Commission’s powers in matters of data protection and privacy, the Tribunal held that the FCCPC acted within its statutory mandate, reaffirming its authority under Section 104 of the FCCPA to regulate competition and consumer protection even in regulated industries.
On Issue 5, which challenged the Commission’s findings regarding Meta’s privacy policies, the Tribunal also resolved in FCCPC’s favour. The Tribunal found no error in the Commission’s conclusions and held that the privacy policy in question did, in fact, offend Nigerian law.
While Issue 7 was largely resolved in favour of the Commission, the Tribunal, however, set aside Order 7 of the Commission’s Final Order, stating that it lacked sufficient legal basis.
While expressing delight at the landmark judgement, FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, thanked the Commission’s legal team for their exceptional diligence and forensic skills in assembling evidence and marshalling their argument.
He restated FCCPC’s unwavering commitment to not only championing the rights of Nigerian consumers but also ensuring fair business practices in the country in accordance with FCCPA (2018) and consistent with the Renewed Hope Agenda of President Bola Tinubu.
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