NDPC Urges Court to Dismiss Meta’s Challenge Over $32.8m Data Privacy Sanction

The Nigeria Data Protection Commission (NDPC) has filed a motion at the Federal High Court in Abuja, seeking the dismissal of a suit by Meta Platforms Inc., which challenges a $32.8 million fine and enforcement orders issued against it for alleged privacy violations.

The NDPC had imposed the penalty along with eight corrective directives on February 18, 2025, accusing Meta of breaching Nigerian users’ privacy rights through behavioural advertising practices on Facebook and Instagram.

Meta, dissatisfied with the commission’s decision, filed an ex parte motion on February 26, asking the court to quash the enforcement actions. Justice James Omotosho on March 4 granted Meta permission to proceed with a judicial review of the NDPC’s actions, but declined its request to stay all proceedings related to the commission’s orders. Instead, the court opted for an accelerated hearing.

In its originating summons filed by lead counsel Prof. Gbolahan Elias (SAN), Meta claims the NDPC failed to provide fair notice or a proper opportunity to respond to the allegations before issuing its final decision a move Meta argues violates its constitutional rights to due process and fair hearing under Section 36 of the 1999 Constitution.

The tech giant is seeking to nullify the NDPC’s investigative process and its resulting orders, labeling them invalid and unconstitutional.

However, the NDPC, in a robust counterargument, insists the suit lacks merit and has urged the court to strike it out entirely.

The case is expected to test the strength of Nigeria’s data protection laws and the enforcement powers of its relatively new regulatory commission.