Meta, NDPC Reach Out-of-Court Settlement over $32.8m Data Privacy 

PHOTO CREDIT: dmarketforces.com

Abuja: Meta Platforms, Inc., on Monday, reconciled its differences with the Nigeria Data Protection Commission (NDPC) in the suit it filed to challenge NDPC’s $32.8 million fine imposed against it.

The NDPC had, on February 18, imposed both a remedial fee of $ 32,800,000 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.

Justice James Omotosho, who delivered the judgment after the parties had adopted the terms of settlement, stated that the court encouraged Alternative Dispute Resolution (ADR).

Earlier, when the case was called, Fred Onuobia, SAN, who appeared for Meta, announced that the parties had settled.

Onuobia said their terms of settlement, dated October 30, were filed on October 31.

“We adopt the terms of settlement and urge my lord to enter the terms as judgment in this case,” he said.

Responding, Adeola Adedipe, SAN, who represented NDPC, did not oppose Onuobia’s application.

Justice James Omotosho consequently entered the judgment as agreed by the parties.

“The terms of settlement reached by parties in suit number; FHC/ABJ/CS/355/2025, dated 30th day of October, 2025, and filed on 31st day of October, 2025, having been agreed by all parties, are here entered as the judgment in this suit,” the judge ruled.

  On October 3, Onuobia informed the court of Meta’s 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 had 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 Adedipe confirmed Onuobia’s submission, the judge fixed the matter for the adoption of the terms of settlement.

Meta Platform Inc. had filed the suit following the $ 32.8 billion and eight corrective orders imposed against it by the regulatory body.

Dissatisfied with the action, Meta, in a motion ex parte dated and filed on February 26, dragged NDPC to court as the sole respondent.

In the motion ex parte marked: FHC/ABJ/CS/355/2025 and moved by Onuofia on March 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 February 18 issued by the NDPC against the company.

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 April 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.

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