Nigeria Fines Meta and WhatsApp $220 Million Over Data Privacy Violations

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Nigeria’s Competition and Consumer Protection Tribunal has ordered Meta Platforms Inc. and its subsidiary WhatsApp to pay a $220 million penalty over alleged data privacy violations and discriminatory practices affecting Nigerian users. The verdict also includes a $35,000 reimbursement to the Federal Competition and Consumer Protection Commission (FCCPC) for investigative costs. The companies must comply within 60 days, by June 30, 2025.

This ruling marks one of the most significant regulatory actions against a global tech company in Nigeria’s history and signals a growing resolve by Nigerian authorities to enforce data protection laws.

Background: What Led to the Fine?

The dispute began when the FCCPC launched an investigation into Meta and WhatsApp over claims that their data-sharing policies violated Nigerian consumer rights and data protection laws. According to the FCCPC, Meta was enabling unauthorized access to user data, sharing information between WhatsApp and Facebook (also owned by Meta) without explicit user consent, and enforcing invasive data processing practices.

These actions, the Commission argued, amounted to exploitative behavior that infringed on the constitutional rights of Nigerian consumers.

Following its investigation, the FCCPC imposed a $220 million penalty on Meta and WhatsApp. The Commission emphasized that the fine was not merely punitive but intended to correct discriminatory practices and restore the rights of Nigerian users.

Meta and WhatsApp responded by appealing to the Competition and Consumer Protection Tribunal. They argued that the FCCPC’s directives were vague, technically impossible to implement, and not supported by Nigerian law. Their legal team, led by Senior Advocate of Nigeria (SAN) Professor Gbolahan Elias, presented 22 reasons why the penalty should be overturned.

Among their key arguments:

• The FCCPC allegedly denied them a fair hearing.
• The Commission failed to explain how the fine was calculated.
• Complying with the FCCPC’s demand to create a consent mechanism for each data point was “impossible and extremely expensive.”
• The use of foreign legal precedents, such as those under EU privacy regulations, should not apply in Nigeria.

The FCCPC, represented by former Executive Vice Chairman Babatunde Irukera (SAN), stood by its position. Irukera argued that the agency acted within its legal mandate and applied international data privacy standards as persuasive—though not binding—references. He rejected the claim that the fine was disproportionate or procedurally flawed.

On April 25, 2025, the tribunal ruled in favor of the FCCPC. The three-member panel, led by Thomas Okosun, dismissed the appeal filed by Meta and WhatsApp and upheld the $220 million fine along with the $35,000 investigation reimbursement.

In its decision, the tribunal found:

• Meta and WhatsApp breached Nigeria’s data protection laws by transferring user data to third parties without proper consent.
• The FCCPC did not exceed its authority in issuing its compliance order.
• The companies had been given a fair opportunity to present their case.
• The use of foreign privacy rulings as persuasive legal arguments was appropriate.

“The tribunal finds no error in the overall orders of the FCCPC,” Okosun said during the ruling. “The administrative penalties were lawfully imposed.”

Key Orders to Meta and WhatsApp

Beyond the financial penalties, the tribunal issued several directives aimed at changing how Meta handles Nigerian user data:

1. Restore Data Control to Users: Meta must reinstate Nigerian users’ ability to determine how their data is shared.
2. Compliance Deadline: A letter confirming compliance must be submitted by July 1, 2025.
3. Updated App Features: WhatsApp must allow users to independently manage each data point and disclose how it is used.
4. Cease Third-Party Data Sharing: Meta must immediately stop sharing Nigerian user data with Facebook or third parties without explicit consent.
5. Revert to 2016 Policy: The company must revert to its older, more privacy-compliant data-sharing policy.
6. Policy Transparency: Meta must submit its new privacy policy to the FCCPC and Nigeria Data Protection Commission (NDPC) and publish it for public access.

This isn’t Meta’s first run-in with regulatory bodies over data privacy. In 2023, the European Data Protection Board fined Meta a record €1.2 billion for similar violations under the General Data Protection Regulation (GDPR). Big Tech companies, including Amazon and Google, have faced similar scrutiny in recent years.

WhatsApp responded to the Nigerian ruling by saying, “In 2021, we globally informed users about how talking to businesses would work. While there was initial confusion, it has proven quite popular.” However, the Nigerian tribunal found that the explanation did not justify the violations identified in the FCCPC’s findings.

Meta’s User Base in Nigeria

WhatsApp
As of early 2024, Nigeria had over 51 million WhatsApp users, making it the largest market for the platform in Africa. This means that approximately one in four active mobile lines in Nigeria engage with WhatsApp. ​

Facebook
In April 2023, Facebook had approximately 40.9 million users in Nigeria, accounting for 17.4% of the country’s population. The largest demographic group was users aged 25 to 34, totaling 13.2 million.

Instagram
By early 2024, Instagram’s advertising reach in Nigeria was about 12.4 million users, representing 5.5% of the total population. The platform’s user base was composed of 54.4% males and 45.6% females.

Facebook Messenger
In early 2024, Facebook Messenger’s ad reach in Nigeria was approximately 6.3 million users, equating to 2.8% of the total population. The user base was predominantly male, at 58.7%.

What This Means for Digital Privacy in Nigeria

This ruling sends a strong message: Nigeria is willing to hold global tech giants accountable for how they handle user data. It also marks a significant step forward in the enforcement of digital rights in Africa’s largest internet market.

While Meta has not yet commented on whether it plans to challenge the tribunal’s decision further, the case underscores a broader global trend—regulators are tightening the reins on how Big Tech operates, especially in emerging markets.

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