Abuja: The Nigeria Data Protection Commission (NDPC) and Meta Platforms, Inc. will, on Nov. 3, adopt the terms of settlement in the dispute regarding the 32.8 million dollar fine imposed against the latter by the regulatory agency.
Justice James Omotosho of the Federal High Court in Abuja fixed the date following the inability of Meta’s lawyer, Fred Onuobia, SAN, to file the processes on time.
On Oct. 3, Meta informed the court of its plan to reconcile with NDPC in the suit filed by the American multinational technology company, seeking to quash the regulatory agency’s sanction.
The lawyer had told the court that after Justice Omotosho had prepared to deliver a ruling on NDPC’s preliminary objection against the suit filed by Meta, the parent company of Facebook and Instagram.
Onuobia begged the court to defer the ruling on NDPC’s preliminary objection and the ruling on the motion on notice to amend their suit.
He informed the court that the parties had reached an advanced stage in settling the case.
He said the parties “are afraid” that the ruling might affect discussions on settlement.
And after NDPC’s lawyer, Adeola Adedipe, SAN, confirmed Onuobia’s submission, the judge fixed today (Oct. 31) for either the adoption of the terms of settlement or a ruling.
On Friday, when the case was heard, Onuobia, who also appeared for Meta Platforms, Inc., informed the court that the parties had settled.
“We are happy to announce to my lord that the parties have settled,” he said
He, however, apologised to the court that though Meta had prepared to settle with NDPC, he was only able to file their documents this morning.
He acknowledged breaching the court protocol for filing processes earlier than proceedings.
He said the development was due to circumstances beyond their control.
“We may ask for a standdown so that the copy for the court can be filed, my lord,” Onuobia prayed.
However, the judge, who declined to grant the application for standdown, said he must thoroughly peruse the terms of the settlement before delivering his ruling on it.
The judge informed the lawyer that it had always been his practice to review processes filed before his court.
“There are instances where what is not in the claims will be included in the terms of the settlement.
“So I will have to read it,” he said.
Additionally, Justice Omotosho mentioned that he would also have an afternoon session, during which other matters would be heard.
Adedipe, in his response, thanked the judge for accommodating them.
The lawyer observed that the matter was earlier scheduled for a ruling on their objection, but the judge reconsidered it to allow them to explore reconciliation.
Justice Omotosho consequently adjourned the matter until Nov. 3 at 12:00 noon for the adoption of the terms of settlement.
The NDPC had, on Feb. 18, imposed both a remedial fee of $32,800,000,000 US dollars and eight corrective orders against Meta Inc.
The company was alleged to have violated the fundamental privacy rights of its Nigerian users regarding behavioural advertising on Facebook and Instagram.
Dissatisfied with the action, Meta Platforms Inc., in a motion ex parte dated and filed on Feb. 26, dragged the regulatory agency to court as the sole respondent.
In the motion ex parte marked: FHC/ABJ/CS/355/2025 and moved by Fred Onuofia, SAN, on Mar. 4, Justice Omotosho granted one of the two orders sought.
The judge had granted leave to Meta to commence proceedings by way of judicial review, seeking, inter alia, an order of certiorari quashing the compliance and enforcement orders dated Feb. 18 issued by the NDPC against the company.
It urged the court to nullify “all other investigations, proceedings and actions taken by respondent against the applicant leading to the ‘Final Orders.'”
The judge, however, refused to grant Meta’s request for relief, seeking a stay of all proceedings related to the “Final Orders” issued by NDPC against it, pending the hearing and determination of the judicial review proceedings.
Instead, the judge issued an order for an accelerated hearing of the suit.
However, in a preliminary objection filed by its lawyer and the head of ALPHA & ROHI Law Firm, Adedipe, SAN, the NDPC informed the court that the suit was incompetent and that the court lacked jurisdiction to entertain it.
The regulatory agency, in its objection dated April 10 and filed on Apr. 11, urged the court to either strike out or dismiss the case.
Adedipe, in two grounds of argument, submitted that the originating summons filed by the company is incompetent for non-compliance with the mandatory provision of Order 34 Rule 6(1) of the FHC (Civil Procedure) Rules, 2019.
Quoting the provision, the lawyer said: “No ground shall be relied upon or any relief sought at the hearing, except the grounds and reliefs sought in the statement.”
He also argued that the suit, as presently constituted, is grossly incompetent and academic, as the reliefs sought therein are not capable of activating the court’s jurisdiction.
“The suit is liable to be struck out/dismissed, in limine,” Adedipe had argued.
The fine against Meta was one of the measures taken by the NDPC to protect Nigerians’ data under the Nigeria Data Protection Act, which was signed into law by President Bola Tinubu in June 2023.