The Federal High Court in Abuja has set November 3 for the adoption of settlement terms between the Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc. over the $32.8 million data privacy fine imposed on the company.
Justice James Omotosho set the date after Meta's lawyer, Fred Onuobia (SAN), informed the court that both parties have reached an agreement but are yet to file the necessary documents.
At Friday's proceedings, Onuobia told the court, “We are pleased to announce that the parties have reached an agreement,” apologizing for the delay in filing the terms, saying it was caused by circumstances beyond his control. He requested a brief standdown to enable the filing.
Justice Omotosho rejected the request and said he would have to review the settlement documents before adopting.
The judge said, “There are instances where matters not included in the claims have been included in the settlement terms. I will have to read that before passing any judgment.”
NDPC lawyer, Adeola Adedipe (SAN), confirmed that the parties were close to reconciliation and thanked the court for giving them time to conclude the process.
The judge then adjourned the case till 12 noon on November 3 to accept the settlement.
On February 18, 2025, the NDPC had imposed a remedial fee of $32.8 million and eight remedial orders on Meta for alleged violations of users' privacy rights related to behavioral advertising on Facebook and Instagram.
Dissatisfied with the restrictions, Meta filed a lawsuit (FHC/ABJ/CS/355/2025) seeking judicial review and an order quashing the NDPC's compliance and enforcement directions. The court granted leave for review but rejected Meta's request to stay all NDPC actions pending determination of the case.
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NDPC, through a preliminary objection, asked the court to dismiss Meta's suit due to lack of jurisdiction, arguing that it was incompetent under Order 34 Rule 6(1) of the Federal High Court (Civil Procedure) Rules, 2019.
The controversy stems from the NDPC's promulgation of the Nigeria Data Protection Act (2023), which seeks to protect citizens' data rights and ensure corporate compliance with privacy regulations.
