The Nigeria Data Protection Commission (NDPC) has asked the Federal High Court in Abuja to strike out a lawsuit filed by Meta Platforms Inc., the parent company of Facebook and Instagram, challenging a $32.8 million fine and a series of compliance orders issued against it for alleged data privacy violations involving Nigerian users.
In a preliminary objection filed before the court, the NDPC insisted that Meta’s suit is “grossly incompetent” and that the court lacks jurisdiction to hear the case.
The Commission argued that Meta failed to comply with the rules guiding judicial review processes under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019.
The case stems from NDPC’s February 18, 2025, decision to fine Meta $32.8 million and impose eight corrective orders over alleged breaches of the Nigeria Data Protection Act.
The Commission said it received a petition from a civil society group, the Personal Data Protection Awareness Initiative (PDPAI), which alleged that Meta engaged in behavioural advertising on Facebook and Instagram without obtaining the express consent of Nigerian users.
Meta’s lead counsel, Prof. Gbolahan Elias, SAN, asked the court to quash the enforcement orders, arguing they violate Section 36 of the Nigerian Constitution.
However, NDPC’s counsel, Adeola Adedipe, SAN, countered that Meta’s originating summons and its attached statements do not align, making the entire suit defective.
He argued that Meta is attempting to substitute its reliefs—already ruled on ex-parte—with new claims under the guise of an amendment, which is not permitted under the court rules. He urged the court to dismiss the application outright.
After hearing arguments from both sides, Justice Omotosho adjourned the matter to October 3, 2025, for a consolidated ruling on both NDPC’s preliminary objection and Meta’s motion to amend its court filings.
The fine against Meta came as one of the measures by the NDPC in protecting Nigerians’ data under the Nigeria Data Protection Act, signed into law by President Bola Tinubu in June 2023.
In a similar development, the NDPC recently slammed a N766.2 million fine against Pay-TV operator, Multichoice Nigeria, for breaching the Act.
According to the NDPC, Multichoice was found to have violated the data privacy rights of subscribers and their friends who are not necessarily subscribers.
The Commission also found that Multichoice carries out illegal cross-border transfer of personal data relating to data subjects in Nigeria.