NDPC Seeks Dismissal of Meta’s Lawsuit Challenging $32.8 Million Data Privacy Sanction
The Nigeria Data Protection Commission wants Meta’s $32.8 million lawsuit thrown out for lack of merit.
NDPC says Meta broke rules, ignored user consent, and failed to follow due court procedures.
The Nigeria Data Protection Commission (NDPC) has filed a preliminary objection at the Federal High Court in Abuja, urging the court to dismiss a lawsuit filed by Meta Platforms Inc., the parent company of Facebook and Instagram. Meta is challenging a $32.8 million fine imposed on it by the NDPC for alleged breaches of Nigeria’s data protection regulations.
In court documents, the NDPC described Meta’s suit as “grossly incompetent,” arguing that the court lacks jurisdiction to entertain the case. The Commission contended that Meta did not comply with the mandatory procedures for seeking judicial review, as outlined under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019.
The legal dispute stems from the NDPC’s February 18, 2025, decision to fine Meta and issue eight compliance directives. The Commission acted on a petition submitted by the Personal Data Protection Awareness Initiative (PDPAI), which accused Meta of carrying out behavioral advertising practices without the explicit consent of Nigerian users on both Facebook and Instagram.
According to the NDPC, its investigation uncovered serious infractions, including unauthorized access to sensitive user data involving minors’ sexual behavior and drug use, manipulated accounts of journalists, and the circulation of graphic childbirth content. Meta was also accused of failing to file a mandatory 2022 compliance audit, violating cross-border data transfer rules, and processing personal data belonging to non-users of its platforms.
Meta has disputed both the substance and the process behind the NDPC’s final ruling. In a motion filed on March 19, Meta claimed that the Commission denied it the right to a fair hearing by failing to offer adequate notice or an opportunity to respond before issuing the sanctions. Its legal team, led by Professor Gbolahan Elias (SAN), is seeking to nullify the enforcement orders, citing a breach of Section 36 of Nigeria’s Constitution.
However, the NDPC counsel, Senior Advocate Adeola Adedipe, maintained that Meta’s legal documents were flawed and inconsistent. He argued that the tech company’s originating summons and its statement of facts did not align, and that Meta was improperly attempting to introduce new claims under the guise of amendments, which is not permitted under the court’s rules.
In response, Meta filed a motion on April 23 requesting permission to amend its initial filings to align its reliefs and clarify its claims. The company insisted that the amendment would not prejudice the NDPC and was necessary to ensure procedural consistency.
Justice James Omotosho, who is presiding over the case, previously granted Meta leave to begin judicial review proceedings but declined its application to halt the enforcement of NDPC orders. Instead, the judge ordered a fast-tracked hearing.
Following presentations from both parties, Justice Omotosho adjourned the matter to October 3, 2025, when he is expected to rule on the NDPC objection and Meta’s request to amend its court filings.
The $32.8 million sanction against Meta is one of several enforcement actions by the NDPC since the Nigeria Data Protection Act was signed into law by President Bola Tinubu in June 2023. The legislation grants the Commission authority to enforce privacy rights and penalize data processors for violations.
In a similar case, the NDPC recently fined Multichoice Nigeria ₦766.2 million for allegedly breaching the privacy of its subscribers and unlawfully transferring personal data across borders without appropriate safeguards.
These enforcement moves reflect the NDPC growing role in shaping Nigeria’s digital policy landscape and ensuring that multinational companies operating in the country are held accountable for data practices involving Nigerian citizens.
