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| NDPC HQ in Abuja watches global tech |
An agency set up to guard the personal data of Nigerians has told a court it should throw out Meta’s challenge to a $32.8 million fine. The Nigeria Data Protection Commission says Meta Platforms Inc. never got fair notice before the penalty. The tech company had dragged the agency to court after the fine fell due in mid-February. The commission insists the suit is flawed and says the court lacks power to hear it .
Meta Platforms Inc., which owns Facebook and Instagram, argued in late February that the commission never gave it a chance to defend itself. It asked the Federal High Court in Abuja to quash the fine and eight corrective orders imposed on February 18, 2025 . The company’s lawyers said the process broke Section 36 of the Nigerian Constitution, which guarantees a fair hearing. They claimed the data probe by the commission was rushed and denied them full access to findings and witnesses.
The commission’s lead lawyer, Senior Advocate of Nigeria Adeola Adedipe, told Justice James Omotosho that Meta’s court papers did not match its reliefs. He said Meta is trying to amend its own claims under the guise of filing fresh reliefs. That, he argued, offends court rules and makes the entire suit defective. He urged the judge to strike the case out in full .
Justice Omotosho has already let Meta seek judicial review of the commission’s decision. He refused Meta’s request to pause the enforcement of the penalty. Instead, he ordered the case to move at speed . He has not yet set a final date for hearing the merits of the dispute.
The initial probe began after a civil society group flagged concerns over how Meta used personal data for behavioural ads on its platforms. The commission found Meta processed sensitive data—like health details of minors—without clear consent. It also said Meta failed to file a 2022 audit and broke rules on cross-border transfers and non-user data processing .
Data privacy experts say the dispute raises key questions about how regulators and global tech firms should work together. Mrs. Amina Suleiman, a Lagos-based privacy lawyer, notes the commission has the power to fine under the Nigeria Data Protection Act. She adds that fair process is vital. Regulators must share all evidence and let firms challenge findings. She believes the commission has a strong case on breach but must convince the judge it followed due process.
Mr. John Oladipo, a tech policy analyst, warns that heavy fines can scare away investment in digital services. He calls for dialogue. He says regulators should pair sanctions with guidance. That helps firms comply without constant legal fights. He welcomes the heightened focus on data rights in Nigeria but urges balanced enforcement.
Meta’s fine is one of the largest ever in Nigeria. The commission set the penalty at $32.8 million, saying it reflects the scale of the breach. It paired the fine with eight orders requiring Meta to fix its systems, report back, and secure data flows. The firm says those corrective steps are “draconian” and beyond what the Act allows .
Court documents show Meta filed its originating motion on February 26, 2025. In that ex-parte request, it sought to block the fine. Justice Omotosho granted permission for the judicial review but denied the stay. He ordered an “accelerated hearing” of Meta’s challenge. That means both sides must move quickly to file witness statements and expert reports.
Behind the headlines is a push by Nigeria to match global norms on data protection. In 2023, the country adopted the Data Protection Act. It created the commission to enforce rules on consent, fair use, and data exports. Other regulators in Europe and Africa have fined Meta for breaches. In Ireland, Meta paid €251 million in late 2024 for GDPR violations .
Yet Nigeria’s drive to clamp down on big tech comes amid a booming digital market. The country has nearly 50 million Facebook users—second only to India in user count. Advertisers pay high rates to target those audiences. A sudden halt to ads or data flows could ripple across the economy .
Data rights activists praise the commission for bold action. But they say the agency must lead with clear guidance and capacity building. Mr. Chike Obi, co-founder of a Lagos privacy group, says firms need time and support to meet new rules. He warns that heavy fines without capacity efforts risk driving companies to block Nigerian users altogether.
Meta faces a choice. It can press on with the court fight or seek a negotiated settlement. Settling may save time and legal cost. It could let Meta repair ties with regulators and avoid business disruption. But Meta may judge that a victory in court is worth the risk, to protect its global compliance playbook.
For its part, the commission sees the court challenge as no more than a diversion. Its lawyers call Meta’s claims “grossly incompetent.” They say the agency followed every step required under the law. They argue Meta must pay the fine and carry out the corrective orders, even as the case moves forward in court .
Meta’s lawyers maintain the commission failed to share key documents before issuing its final orders. They point to missing audit reports and witness statements. They say the commission’s own rules demand full disclosure. Without it, they insist, their client was denied the chance to respond.
An earlier hearing revealed both sides believe the stakes go beyond one fine. They see the case as setting a precedent for how Nigeria enforces data law. A win for Meta could narrow the commission’s power. A win for the commission could embolden regulators to act swiftly and severely.
Observers hope the court will issue a clear ruling on what process is due in data-protection probes. Clarity could help both foreign firms and local startups plan compliance. It could build trust in Nigeria’s data regime. It could also help shape how other African nations tackle privacy enforcement.
At last count, Nigeria had 49.8 million Facebook and Instagram users. That user base generates billions in ad revenue. The commission’s move shows Nigeria is ready to defend its citizens’ data rights. It also shows that global platforms must adapt to multiple regulatory regimes.
As both sides prepare detailed briefs, Nigeria’s data story enters a crucial chapter. Tech firms watch closely. Consumers await news on their privacy fate. Regulators in other markets take note. And a court in Abuja holds the key to balance between data rights and digital growth.