Meta, Nigeria Data Protection Commission Move Toward $32.8 Million Settlement Over User Privacy Dispute

…Court Halts Ruling as Negotiations Advance Between NDPC and Meta Platforms

Naija247news — Abuja, October 4, 2025:

The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc., parent company of Facebook and Instagram, have moved closer to an out-of-court settlement in their high-profile legal dispute over a $32.8 million fine and a series of regulatory directives issued against the tech giant for alleged breaches of Nigerian users’ data privacy rights.

At the resumed hearing on Friday, counsels for both parties informed Justice James Omotosho of the Federal High Court, Abuja, that settlement discussions were at an advanced stage. The court had been scheduled to rule on two pending motions — the NDPC’s preliminary objection to Meta’s suit and Meta’s application to amend its filings.

Meta’s lead counsel, Fred Onwuobia, SAN, said that a draft agreement had already been exchanged, warning that any ruling at this stage might jeopardize the resolution process.

“The draft terms of settlement have been exchanged, and the parties have reached an advanced stage of discussion,” Onwuobia told the court, urging an adjournment to allow the parties to finalize and report back on progress.

Confirming the development, NDPC’s counsel, Adeola Adedipe, SAN, said the dialogue between both sides had “advanced appreciably” and expressed optimism that the terms could soon be formalized and presented as a consent judgment.

Justice Omotosho commended the parties for opting for an amicable approach and agreed to hold off his ruling, adjourning the case to October 31, 2025, for a possible adoption of settlement terms or, alternatively, a final ruling.

Background to the Dispute

The NDPC’s enforcement action traces back to February 2025, when it imposed a $32.8 million administrative penalty and issued eight corrective directives to Meta following a petition from the Personal Data Protection Awareness Initiative (PDPAI).

The petition alleged that Meta conducted behavioral advertising across Facebook and Instagram without users’ explicit consent, in violation of Nigeria’s Data Protection Act. The Commission also accused Meta of failing to file its 2022 compliance audit, breaching cross-border data transfer rules, and processing personal data belonging to non-users of its platforms.

Meta challenged both the findings and the enforcement process, filing a judicial review application on March 19, 2025, through its lead counsel Prof. Gbolahan Elias, SAN. The company argued that the NDPC’s actions violated Section 36 of the Nigerian Constitution, claiming it was denied fair hearing and due process.

The NDPC countered with a preliminary objection, asserting that Meta’s suit was procedurally defective under Order 34 of the Federal High Court (Civil Procedure) Rules. Adedipe argued that Meta’s filings were inconsistent and that its motion to amend amounted to a backdoor substitution of reliefs, urging the court to strike out the case.

Justice Omotosho had earlier granted Meta leave to commence judicial review but refused to stay execution of the NDPC’s orders pending determination of the case. The consolidated ruling on the NDPC’s objection and Meta’s amendment motion, originally slated for October 3, 2025, will now be delayed pending the outcome of settlement talks.

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Reporting by Peter Anene, Business Editor in Lagos, Nigeria.