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$32.8 million data privacy fine: Meta, NDPC settle out of court

by Terpase Tyough
November 3, 2025
in National news
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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 Feb. 18, imposed both a remedial fee of 32,800,000 million US dollars and eight corrective orders against Meta Inc.

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The company was alleged to have violated the fundamental privacy rights of its Nigerian users with respect to behavioural advertising on Facebook and Instagram.

Justice James Omotosho, who gave the judgment after the parties adopted the terms of settlement, said the court encouraged alternative dispute resolution (ADR).

Earlier when the case was called, Fred Onuobia, SAN, who appeared for Meta, said he was happy to announce that the parties had reached a settlement.

Onuobia said their terms of settlement, dated Oct. 30, was filed Oct. 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 judgement 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 October, 2025, having been agreed by all parties, is here entered as the judgment in this suit,” the judge ruled.

Onuobia, on Oct. 3, had informed the court of Meta’s plan to reconcile with NDPC in the suit the American multinational technology company filed seeking to quash the regulatory agency’s sanction.

The lawyer had told the court 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 told the court that the parties had reached an advanced stage on settlement in 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 adoption of terms of settlement.

Meta Platform Inc. had filed the suit following the 32,800,000 million US dollars 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 Feb. 26, dragged NDPC to court as sole respondent.

In the motion 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 Feb. 18 issued by NDPC against the company.

The judge, however, refused to grant Meta’s relief seeking a stay of the proceedings of all matters relating to the “Final Orders” issued by NDPC against it, pending the hearing and determination of the judicial review proceedings.

Instead, the judge made an order of accelerated hearing of the suit.

But NDPC, in a preliminary objection filed by its lawyer and the head, ALPHA & ROHI Law Firm, Adedipe, SAN, told the court that the suit was incompetent and the court lacked the jurisdiction to entertain the same.

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, the reliefs sought therein, not being capable of activating the jurisdiction of the court.

“The suit is liable to be struck out/dismissed, in limine,” Adedipe had argued.

The fine against Meta came as one of the measures by the NDPC to protect Nigerians’ data under the Nigeria Data Protection Act, signed into law by President Bola Tinubu in June 2023.

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