By John Umeh
The Federal Government, through the Nigeria Data Protection Commission (NDPC), and tech giant Meta Platforms Inc. have begun high-level negotiations to resolve a $32.8 million privacy sanction and a series of compliance directives outside the courtroom.
During Friday’s sitting at the Federal High Court in Abuja, lawyers representing both parties informed Justice James Omotosho that discussions had reached an “advanced stage.” The judge had initially scheduled a consolidated ruling on the NDPC’s preliminary objection to Meta’s suit, as well as Meta’s application to amend its court filings. However, at the joint request of the parties, the ruling was deferred to allow settlement talks to progress.
Meta’s counsel, Fred Onwuobia (SAN), explained that draft terms of settlement have already been exchanged, adding that a ruling at this stage could derail ongoing negotiations. NDPC’s counsel, Adeola Adedipe (SAN), also confirmed that the settlement talks were “appreciably advanced” and asked the court to grant time for the terms to be finalised and adopted as a consent judgment. Justice Omotosho noted that the court encourages amicable dispute resolution and adjourned the matter to October 31, 2025, for either adoption of any agreed settlement or delivery of the deferred ruling.
The NDPC’s action against Meta stems from a February 2025 enforcement decision in which it levied a $32.8 million fine and issued eight corrective directives against the company. The Commission alleged that Meta engaged in behavioural advertising on Facebook and Instagram without obtaining users’ explicit consent, failed to file its 2022 compliance audit, breached cross-border data transfer requirements, and processed data belonging to non-users—all in violation of Nigeria’s data protection laws.
Meta, however, challenged both the findings and the process that led to the Commission’s orders. In a motion filed on March 19, the company argued that it was denied due process and a fair hearing, insisting that the NDPC issued its directives without adequate notice or opportunity to respond. Meta’s lead counsel, Prof. Gbolahan Elias (SAN), urged the court to quash the orders, arguing they contravene Section 36 of Nigeria’s Constitution.
The NDPC, in turn, raised a preliminary objection, stating that Meta’s suit was procedurally defective and that the court lacked jurisdiction. The Commission argued that Meta failed to comply with Order 34 of the Federal High Court Civil Procedure Rules on judicial review and accused the company of attempting to substitute new reliefs “under the guise of an amendment.”
While Justice Omotosho had previously granted Meta leave to commence judicial review, he refused to stay the NDPC’s orders pending determination of the suit. The ruling on both the preliminary objection and Meta’s amendment motion—initially scheduled for October 3—has now been postponed as the parties push to reach a settlement.
This move signals a potential breakthrough in one of Nigeria’s most high-profile data privacy disputes and underscores the growing tension between global tech giants and domestic regulators seeking to enforce stricter data protection standards.
