Meta Platforms Inc., parent company of Facebook and Instagram, has taken steps to resolve its ongoing legal battle with Nigeria’s data watchdog out of court.
On Friday, the company’s lawyers told the Federal High Court in Abuja that Meta and the Nigeria Data Protection Commission (NDPC) have entered advanced settlement discussions regarding a $32.8 million fine and compliance orders imposed on the social media giant for alleged privacy breaches involving Nigerian users.
The disclosure came as Justice James Omotosho was set to rule on NDPC’s preliminary objection against Meta’s lawsuit and the company’s motion to amend its filings. Instead, both parties confirmed they were pursuing a negotiated resolution.
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Meta’s lawyer, Fred Onwuobia, SAN, asked the court to defer its ruling, explaining that “draft terms of settlement have been exchanged” and that both sides feared a ruling might derail talks. NDPC’s counsel, Adeola Adedipe, SAN, confirmed this, noting that discussions “have advanced appreciably” and requesting an adjournment to return with terms that could be entered as a consent judgment.
Justice Omotosho agreed, stating that the court “encourages settlement” and adjourned proceedings to October 31, 2025, for either the adoption of settlement terms or the delivery of his consolidated ruling.
The Legal Dispute
The case originated from NDPC’s February 18, 2025, decision to fine Meta and issue eight corrective orders under the Nigeria Data Protection Act, enacted by President Bola Tinubu in June 2023. The regulator acted on a petition from the Personal Data Protection Awareness Initiative (PDPAI), which accused Meta of engaging in behavioral advertising on its platforms without the express consent of Nigerian users.
The NDPC also alleged that Meta failed to submit its 2022 compliance audit, breached cross-border data transfer rules, and even processed data belonging to non-users of its platforms.
Meta challenged both the findings and the process, arguing it had been denied fair hearing and due process. In its filings, the company maintained that the Commission failed to provide adequate notice or an opportunity to respond before issuing enforcement orders. Lead counsel Prof. Gbolahan Elias, SAN, previously urged the court to quash the orders, arguing they violated Section 36 of the Nigerian Constitution.
The NDPC countered that Meta’s suit was “grossly incompetent,” insisting the Federal High Court lacked jurisdiction. It further claimed that Meta’s filings were procedurally defective and an attempt to reframe reliefs already decided upon ex-parte.
NDPC’s Broader Regulatory Crackdown
The Meta case is part of a wider crackdown by the NDPC, which has begun flexing its regulatory muscle against major corporations. In a recent parallel action, the regulator fined Multichoice Nigeria N766.2 million for allegedly breaching data privacy rights of both subscribers and non-subscribers, including through illegal cross-border data transfers.
Analysts say these fines signal Nigeria’s intent to enforce its new data protection regime more aggressively. For Meta, however, the penalties represent another clash with regulators over privacy practices. Globally, the company has faced multiple lawsuits and billion-dollar fines in Europe and the U.S. for how it handles user data — battles that have shaped its compliance strategies and reputation.
If settlement talks succeed, the October adjournment could result in a consent judgment, sparing Meta a potentially lengthy legal fight. However, the outcome will also set a precedent for how Nigeria’s new data law is enforced against global tech firms operating in its market.
