The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc. will on November 3 adopt the terms of settlement in their dispute over a $32.8 million data privacy fine imposed on the tech giant by the regulatory agency.
Justice James Omotosho of the Federal High Court, Abuja, fixed the date after Meta’s counsel, Fred Onuobia, SAN, informed the court that both parties had reached an agreement but could not file the necessary processes on time.
At the resumed hearing on Friday, Onuobia told the court, “We are happy to announce to my lord that the parties have reached a settlement.” He, however, apologised for the late filing of Meta’s documents, citing circumstances beyond the company’s control.
He requested a stand-down to allow the court receive its copy, but Justice Omotosho declined, insisting he must thoroughly review the terms before adopting them.
“There are instances where what is not in the claims will be included in the terms of settlement. So I will have to read it,” the judge said.
He added that his afternoon session was already scheduled for other matters.
NDPC’s counsel, Adeola Adedipe, SAN, commended the court for allowing room for reconciliation, noting that the case was initially slated for a ruling on the Commission’s preliminary objection.
Consequently, Justice Omotosho adjourned the matter to November 3 at 12 noon for the formal adoption of the settlement terms.
The NDPC had, on February 18, imposed a $32.8 million remedial fee and issued eight corrective orders against Meta for allegedly violating the privacy rights of Nigerian users through behavioural advertising practices on Facebook and Instagram.
Dissatisfied with the sanction, Meta filed a motion ex-parte on February 26 (Suit No. FHC/ABJ/CS/355/2025), seeking a judicial review to quash NDPC’s enforcement orders. Justice Omotosho granted Meta leave to proceed with the judicial review but declined its request for a stay of NDPC’s actions, opting instead for an accelerated hearing.
The NDPC, through Adedipe, later filed a preliminary objection, arguing that Meta’s suit was incompetent and that the court lacked jurisdiction to entertain it. The Commission urged the court to strike out or dismiss the matter, citing non-compliance with the Federal High Court (Civil Procedure) Rules, 2019.
The fine against Meta was among NDPC’s first major enforcement actions under the Nigeria Data Protection Act, signed into law by President Bola Ahmed Tinubu in June 2023.
