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The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc., parent company of Facebook and Instagram, have agreed to settle over the former’s $32.8 million fine and a series of compliance orders issued against the latter for alleged data privacy violations involving Nigerian users.
The legal teams of both parties disclosed the development to Justice James Omotosho of the Federal High Court Abuja, who had earlier fixed the day for a ruling on NDPC’s preliminary objection against Meta and its motion to amend its court filings.
In its preliminary objection filed before the court, the NDPC insisted that Meta’s suit was grossly incompetent and that the court lacked 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.
At the day’s proceedings, Meta’s lawyer, Fred Onwuobia, SAN, urged the court to defer the ruling on the preliminary objection and the motion on notice to amend, as the parties have “reached an advanced stage of settlement” in this case.
He said settlement is the option the parties have resolved to take, highlighting that the parties “are afraid” that the ruling will affect discussions on settlement.
“The draft terms of settlement have been exchanged,” he said, urging the court to grant an adjournment for a report of settlement.
Adedipe, SAN, confirmed what Meta’s lawyer said, adding that “settlement discussions have advanced appreciably.”
He urged the court to adjourn so that they could return with settlement terms that the court would adopt as a “consent judgment” for the parties.
Responding to the parties, Justice Omotosho held that the court encourages settlement and, as such, he was inclined not to deliver his ruling.
He then adjourned to October 31, 2025, for either a ruling or adoption of terms of settlement.
In February this year, the NDPC decided 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.
The Commission accused Meta of failing to file a 2022 compliance audit, violating cross-border data transfer rules, and processing the data of non-users of its platforms, among other infractions.
But Meta, through its lawsuit, contested both the findings and the process leading up to the NDPC’s Final Orders.
In a motion filed on March 19, Meta argued that it was denied fair hearing and due process, stating that the Commission failed to provide adequate notice or allow it an opportunity to respond before issuing the orders.
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.
In response, Meta’s legal team filed a motion on April 23 seeking permission to amend its initial statement to reflect the relief already stated in the originating summons, aiming to harmonize the documents.
The Presiding Judge, Justice James Omotosho, previously granted Meta permission to commence judicial review proceedings but denied its request to stay the enforcement of NDPC’s orders.
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.
