NDPC Asks Court to Dismiss Meta’s $32.8 Million Data Privacy Fine Lawsuit in Nigeria
The Nigeria Data Protection Commission (NDPC) has filed a preliminary objection before the Federal High Court in Abuja, urging the court to strike out a lawsuit by Meta Platforms Inc. over a $32.8 million fine for alleged data privacy violations involving Nigerian users.
Why NDPC Fined Meta $32.8 Million
In February 2025, the NDPC fined Meta, the parent company of Facebook and Instagram — $32.8 million for allegedly breaching Nigeria’s Data Protection Act 2023. The Commission also issued eight corrective compliance orders against Meta.
The fine was triggered by a petition from the Personal Data Protection Awareness Initiative (PDPAI), a civil society group, alleging that Meta engaged in behavioural advertising on Facebook and Instagram without securing the express consent of Nigerian users.
Key Allegations Against Meta:
- Unauthorised use of sensitive personal data, including:
- Sex lives and drug use of minors
- Manipulated profiles of journalists
- Explicit childbirth footage
- Failure to file a 2022 compliance audit
- Violation of cross-border data transfer rules
- Processing data of non-users of its platforms
Meta’s Legal Challenge Against NDPC Orders
Meta is contesting both the fine and the investigative process. In a motion filed on March 19, 2025, Meta’s lead counsel, Prof. Gbolahan Elias, SAN, argued that the company was denied a fair hearing and due process.
Meta claims the NDPC failed to provide adequate notice or an opportunity to respond before issuing the final orders. The company is asking the court to quash the enforcement orders, citing a violation of Section 36 of Nigeria’s Constitution.
NDPC’s Objection: Meta’s Lawsuit “Grossly Incompetent”
The NDPC, through its counsel Adeola Adedipe, SAN, filed a preliminary objection, arguing:
- Meta’s originating summons and attached statements do not align, making the suit defective.
- Meta is attempting to substitute its reliefs via amendment — an action the NDPC says is not allowed under Federal High Court (Civil Procedure) Rules, 2019.
Court Ruling Timeline
Justice James Omotosho, presiding over the case, has:
- Granted Meta permission to begin judicial review proceedings.
- Denied Meta’s request to stay the enforcement of NDPC’s orders.
- Ordered an accelerated hearing of the suit.
The matter has been adjourned to October 3, 2025, for a consolidated ruling on both NDPC’s preliminary objection and Meta’s motion to amend its court filings.
What You Should Know
The $32.8 million fine against Meta is part of broader efforts by the NDPC to enforce Nigeria’s Data Protection Act 2023, signed into law by President Bola Tinubu.
In a related case, the NDPC also fined Pay-TV operator Multichoice Nigeria N766.2 million for breaching data privacy rules involving subscribers and non-subscribers, including illegal cross-border transfers of personal data.
Why This Matters
The outcome of this case could set a major precedent for how global tech giants handle data privacy compliance in Nigeria and across Africa. It also highlights the growing regulatory focus on protecting digital rights under Nigeria’s evolving data protection framework.
