The legal showdown between the Nigerian Data Protection Commission (NDPC) and Meta Platforms Inc., the parent company of Facebook and Instagram, is intensifying as the NDPC seeks to dismiss Meta’s challenge against a substantial $32.8 million fine and a series of compliance orders. The dispute centers on alleged data privacy violations involving Nigerian users.
In a preliminary objection filed before the Federal High Court in Abuja, the NDPC has argued that Meta’s lawsuit is “grossly incompetent” and that the court lacks jurisdiction to hear the case. The Commission contends that Meta failed to adhere to the rules governing judicial review processes under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019.
The legal battle stems from the NDPC’s decision on February 18, 2025, to fine Meta $32.8 million and impose eight corrective orders. These actions followed a petition from the Personal Data Protection Awareness Initiative (PDPAI), a civil society group, which accused Meta of engaging in behavioral advertising on Facebook and Instagram without obtaining the express consent of Nigerian users.
The NDPC’s investigation reportedly uncovered several disturbing findings, including the unauthorized use of sensitive personal data such as the sex lives and drug use of minors, manipulated profiles of journalists, and even explicit childbirth footage. The Commission also 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.
Meta is vehemently contesting both the NDPC’s findings and the process that led to the Final Orders. In a motion filed on March 19, the tech giant asserted that it was denied a fair hearing and due process, claiming the Commission failed to provide adequate notice or an opportunity to respond before issuing the orders. Meta’s lead counsel, Prof. Gbolahan Elias, SAN, has urged the court to quash the enforcement orders, arguing they violate Section 36 of the Nigerian Constitution.
Conversely, Adeola Adedipe, SAN, representing the NDPC, countered that Meta’s originating summons and its attached statements do not align, rendering the entire suit defective. He argued that Meta is attempting to introduce new claims under the guise of an amendment, which he asserts is not permitted under court rules, urging the court to dismiss the application.
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. Meta maintained that the amendment was necessary for clarity and would not prejudice the NDPC.
Justice James Omotosho, presiding over the case, previously granted Meta permission to commence judicial review proceedings but denied its request to stay the enforcement of NDPC’s orders, instead ordering an accelerated hearing.
After hearing arguments from both sides, Justice Omotosho adjourned the matter to October 3, 2025, for a consolidated ruling on both the NDPC’s preliminary objection and Meta’s motion to amend its court filings.
The fine against Meta is part of the NDPC’s broader efforts to protect Nigerians’ data under the Nigeria Data Protection Act, signed into law by President Bola Tinubu in June 2023. This legislation empowers the NDPC to enforce data privacy regulations and impose penalties for violations.