The high-stakes legal battle between the Nigeria Data Protection Commission (NDPC) and Meta Platforms, Inc. (the parent company of Facebook and Instagram) over a massive $32.8 million data privacy fine is nearing a formal resolution.

 

 

 

The parties are scheduled to appear before Justice James Omotosho of the Federal High Court in Abuja on November 3 to officially adopt the terms of a settlement they have reached.

 

 

The dispute began when the NDPC, on February 18, imposed a remedial fee of $32.8 million and issued eight corrective orders against Meta. The sanction stemmed from allegations that the American tech giant violated the fundamental privacy rights of its Nigerian users concerning behavioral advertising on its platforms.

 

 

 

 

Dissatisfied with the action, Meta filed a suit seeking a judicial review to quash the sanction.

 

 

 

 

The move toward reconciliation became public on October 3, when Meta’s lawyer, Fred Onuobia, SAN, informed the court that the parties were in advanced stages of negotiation. On Friday, the lawyer confirmed in court that “We are happy to announce to my lord that the parties have reached a settlement.”

 

 

Despite the settlement agreement, Justice Omotosho postponed the final adoption until November 3. This delay was due to the late filing of the settlement documents by Meta’s counsel.

 

 

 

The judge, who declined to grant an immediate “standdown” to file, emphasized his practice of thoroughly perusing all settlement terms. Justice Omotosho noted that he must ensure nothing is included in the settlement that was not originally part of the claims, demonstrating the court’s commitment to procedural fairness and scrutiny.

 

 

 

The NDPC’s lawyer, Adeola Adedipe, SAN, thanked the judge for accommodating the parties, acknowledging that the matter had previously been scheduled for a ruling on the NDPC’s preliminary objection, which the court deferred to allow for reconciliation.

 

 

 

This case is a landmark action taken by the NDPC to protect Nigerians’ data under the Nigeria Data Protection Act, which was signed into law in June 2023.