Tribunal Orders Meta, WhatsApp to Pay FCCPC’s $220m Fine in 60 Days

The tribunal upheld the $220 million penalty imposed by the FCCPC on WhatsApp and Meta Platforms Incorporated, as well as $35,000 as reimbursement for the commission’s investigation against the social media giant.

The tribunal also dismissed the appeal by WhatsApp and Meta Platforms Incorporated regarding the $220 million penalty imposed by the FCCPC for alleged discriminatory practices in Nigeria.

The tribunal’s three-member panel, led by Mr Thomas Okosun, passed the verdict on Friday.

WhatsApp and Meta’s legal team, led by Mr Gbolahan Elias (SAN), and the FCCPC’s legal team, represented by Mr Babatunde Irukera (SAN), a former Executive Vice Chairman of the agency, made their final arguments on behalf of their respective clients on January 28, 2025.

Last year, the FCCPC asked Meta, the parent company of WhatsApp, Facebook, and Instagram, to pay $220 million for an alleged data privacy breach.

According to the agency, Meta was found culpable of denying Nigerians the right to self-determine, unauthorised transfer and sharing of Nigerians data, discrimination and disparate treatment, abuse of dominance, and tying and bundling.

The FCCPC noted that its decision was reached after a 38-month joint investigation by it and the Nigeria Data Protection Commission (NDPC).

The regulator also noted that its actions were based on legitimate consumer protection and data privacy concerns. It highlighted that its final order requires Meta to comply with Nigerian consumers and meet local standards.

“Similar measures are taken in other jurisdictions without forcing companies to leave the market. The case of Nigeria will not be different,” the FCCPC added.

Also weighing in on the issue then, Mr Irukera, noted on X that the approach being taken by the platform varied from that it was applying in other places it was operating.

“The same company just settled a Texas case for $1.4 billion and is currently facing regulatory action in at least a dozen nations, appealing large penalties in several countries. How many has it threatened to exit?” he queried.