*Tunji Bello, Executive Vice-Chairman/CEO of the Federal Competition and Consumer Protection Commission, welcomes the Tribunal ruling, restating the Commission’s commitment to consumer protection and wellbeing in Nigeria

Isola Moses | 绿帽献妻

The Competition and Consumer Protection Tribunal Friday, April 25, 2025, delivered its judgment, affirming the Federal Competition and Consumer Protection Commission’s (FCCPC) authority and actions in nearly all the contested issues raised in the appeal filed against the Commission by Meta Platforms Incorporated (Facebook) and WhatsApp LLC.

The market regulatory Commission Friday said Tribunal specifically, determined that it complied with prevailing laws, discharged its mandate, and exercised its powers within the confines of the 1999 Constitution (as amended).

The Tribunal also 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.

Aside from upholding the major aspects of the FCCPC鈥檚 Final Order, the Tribunal further 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.

Honourable Thomas Okosun led the tribunal鈥檚 three-member panel during the proceedings, said the FCCPC.

Professor Gbolahan Elias (SAN) led the legal team of WhatsApp and Meta while Mr. Babatunde Irukera, led the FCCPC legal team.

Both legal teams had made their final arguments on behalf of their respective clients January 28 this year.

It is recalled that the FCCPC July 19, 2024, had issued a Final Order imposing a $220 million administrative penalty after concluding that the companies engaged in discriminatory and exploitative practices against Nigerian consumers.

The investigation, however, started 2020, according to the Commission.

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 had appealed to the Tribunal, challenging both the legal basis and the findings of the Commission.

The FCCPC said while ruling on Meta鈥檚 appeal, the Tribunal also validated the Commission鈥檚 investigative procedures and processes.

Mr. Ondaje Ijagwu

Director of Corporate Affairs at FCCPC, in a statement Friday disclosed the Tribunal resolved Issues 1 to 7 largely in favour of the FCCPC, dismissing the appellants鈥� objections to the Commission鈥檚 findings, orders, and legal competence.

The statement noted that 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, however, found no violation of constitutional due process, the statement affirmed.

Ijagwu stated that on Issue 4, which questioned the Commission鈥檚 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鈥檚 findings regarding Meta鈥檚 privacy policies, the tribunal also resolved in the FCCPC鈥檚 favour.

The Tribunal found no error in the Commission鈥檚 conclusions and held that the privacy policy in question did, in fact, offend Nigerian law, the statement noted.

The FCCPC Director of Corporate Affairs said as Issue 7 was largely resolved in favour of the Commission, the Tribunal set aside Order 7 of the Commission鈥檚 Final Order, stating that it lacked sufficient legal basis.

Expressing delight at the landmark judgement, Mr. Tunji Bello, Executive Vice-Chairman/Chief Executive Officer (EVC/CEO) of FCCPC thanked the Commission鈥檚 legal team for their exceptional diligence and forensic skills in assembling evidence and marshalling their argument.

The statement noted Bello restated “FCCPC鈥檚 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 Ahmed Tinubu.”

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