NDPC, Meta Move Toward Settlement in $32.8 Million Data Privacy Dispute
NDPC, Meta Move Toward Settlement in $32.8 Million Data Privacy Dispute
The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc. are reportedly close to resolving their legal dispute over a $32.8 million fine and multiple compliance orders issued against the tech giant for alleged data privacy breaches involving Nigerian users.
At a hearing before Justice James Omotosho of the Federal High Court in Abuja on Friday, counsels for both parties confirmed that settlement discussions were at an advanced stage. The judge, who had been scheduled to rule on the NDPC’s preliminary objection to Meta’s suit and Meta’s application to amend its filings, agreed to suspend his decision pending the outcome of the talks.
Meta’s counsel, Fred Onwuobia (SAN), told the court that “draft terms of settlement have been exchanged,” warning that proceeding with a ruling could jeopardize the ongoing negotiations. NDPC’s lawyer, Adeola Adedipe (SAN), corroborated this, saying the discussions had “advanced appreciably” and that both sides were hopeful of presenting a consent judgment soon.
Justice Omotosho encouraged the amicable resolution, noting that the court supports out-of-court settlements in regulatory disputes. The case was adjourned to October 31, 2025, for a possible ruling or adoption of the finalized settlement terms.
The dispute traces back to February 2025, when the NDPC imposed a $32.8 million fine on Meta and issued eight compliance directives after a petition from the Personal Data Protection Awareness Initiative accused the company of conducting behavioral advertising on Facebook and Instagram without explicit user consent. The Commission also cited Meta for failing to file its 2022 compliance audit and for allegedly processing data of non-users and transferring user data across borders without authorization.
Meta challenged the decision in court, arguing that the Commission denied it fair hearing and due process. The company, represented by Prof. Gbolahan Elias (SAN), claimed the NDPC issued its enforcement orders without adequate notice or opportunity for response, in violation of Section 36 of the Nigerian Constitution.
The NDPC countered with a preliminary objection, asserting that Meta’s judicial review suit was procedurally defective and that the court lacked jurisdiction. Adedipe argued that Meta’s filings were inconsistent and that the company was attempting to alter previously granted ex parte reliefs through an irregular amendment.
Justice Omotosho had earlier permitted Meta to commence judicial review proceedings but refused to stay the NDPC’s orders. His ruling on the pending motions, originally slated for October 3, will now depend on whether both parties finalize their settlement by the next hearing date.
