The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc., the parent company of Facebook and Instagram, have agreed to pursue a settlement over the Commission’s $32.8 million fine and several compliance orders issued against Meta for alleged data privacy breaches involving Nigerian users.
The development was disclosed to Justice James Omotosho of the Federal High Court, Abuja, by the legal representatives of both parties. The judge had previously scheduled the day for a ruling on NDPC’s preliminary objection to Meta’s suit and the company’s motion to amend its court filings.
In its preliminary objection, the NDPC maintained that Meta’s lawsuit was “grossly incompetent” and that the court lacked jurisdiction to hear the matter. The Commission further argued that Meta failed to comply with the procedures outlined under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019, governing judicial review.
At the hearing, Meta’s counsel, Fred Onwuobia, SAN, appealed to the court to postpone its ruling on both the preliminary objection and the motion to amend, explaining that the parties had “reached an advanced stage of settlement” in the case.
He added that both parties “are afraid” the ruling could disrupt the ongoing discussions, stating that “the draft terms of settlement have been exchanged,” and requested an adjournment to present a report on the resolution.
NDPC’s counsel, Adeola Adedipe, SAN, confirmed the position, saying that “settlement discussions have advanced appreciably.” He also requested the court to allow time for both sides to finalize the terms that could be adopted as a “consent judgment.”
In response, Justice Omotosho commended both parties for choosing dialogue, stating that the court encourages settlement over prolonged litigation. Consequently, he adjourned the matter to October 31, 2025, for either a ruling or adoption of the settlement terms.
In February, the NDPC fined Meta $32.8 million and issued eight corrective orders, citing violations of the Nigeria Data Protection Act. The Commission said it acted after receiving a petition from the Personal Data Protection Awareness Initiative (PDPAI), which alleged that Meta engaged in behavioral advertising on its platforms without obtaining the explicit consent of Nigerian users.
The NDPC also accused Meta of failing to file its 2022 compliance audit, breaching cross-border data transfer rules, and processing information belonging to non-users, among other violations.
Meta, however, contested the Commission’s decision, arguing that it was denied “fair hearing and due process.” The company, in its March 19 motion, claimed that the NDPC failed to provide adequate notice or allow it to respond before issuing its final orders.
Meta’s lead counsel, Prof. Gbolahan Elias, SAN, urged the court to nullify the enforcement orders, describing them as a violation of Section 36 of the Nigerian Constitution.
NDPC’s lawyer, Adedipe, countered that Meta’s originating summons was defective, as its supporting documents were inconsistent. He argued that Meta was attempting to introduce new claims under the guise of an amendment, which is not permitted under the rules.
Justice Omotosho had earlier granted Meta leave to commence judicial review proceedings but denied its request to suspend NDPC’s enforcement orders. He subsequently adjourned the case to October 3, 2025, for a consolidated ruling on NDPC’s preliminary objection and Meta’s motion before both parties opted for settlement.