The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc., the parent company of Facebook and Instagram, have agreed to pursue an out-of-court settlement in the legal dispute surrounding a $32.8 million fine imposed on the tech giant.
The development was disclosed on Friday before Justice James Omotosho of the Federal High Court in Abuja, where both parties confirmed that they had reached an advanced stage in negotiations and had exchanged draft terms of settlement.
Justice Omotosho had initially scheduled October 4 for rulings on two key motions: NDPC’s preliminary objection challenging the competence of Meta’s suit, and Meta’s request to amend its legal filings.
However, Meta’s counsel, Onwuobia, requested that the court defer both rulings to allow the parties to finalise settlement discussions. He explained that the parties feared a ruling could disrupt the progress already made toward resolution.
NDPC’s lead counsel, Adeola Adedipe, confirmed the submission and supported the request for adjournment, proposing that the court adopt the final settlement as a consent judgment once agreed.
Justice Omotosho, acknowledging the court’s preference for amicable resolution, granted the adjournment and fixed October 31 for either the adoption of the settlement terms or the delivery of the pending rulings.
The dispute stems from NDPC’s February 18 enforcement action against Meta, which included a $32.8 million remedial fee and eight corrective orders.
The commission alleged that Meta violated the privacy rights of Nigerian users through behavioural advertising practices on its platforms. Meta, dissatisfied with the sanctions, filed a motion ex parte on February 26 seeking judicial review of NDPC’s final orders.
On March 4, Justice Omotosho granted Meta leave to initiate the review process but declined to stay NDPC’s enforcement actions, instead ordering an accelerated hearing.
In its preliminary objection filed on April 11, NDPC argued that Meta’s originating summons was procedurally defective and failed to comply with Order 34 Rule 6(1) of the Federal High Court Civil Procedure Rules, 2019.
The commission maintained that the reliefs sought were not properly grounded and that the suit was academic and incapable of invoking the court’s jurisdiction.
The fine imposed on Meta is one of the most significant enforcement actions taken under the Nigeria Data Protection Act, which was signed into law by President Bola Tinubu in June 2023. The legislation empowers NDPC to regulate data processing activities and enforce compliance among public and private entities operating in Nigeria.
As the parties move toward a negotiated resolution, the case is being closely watched by legal and technology stakeholders, given its implications for data protection enforcement and corporate accountability in Nigeria’s digital ecosystem.
