The Federal Government of Nigeria and Meta Platforms Inc., parent company of Facebook and Instagram, have agreed to pursue an out-of-court settlement over the $32.8 million privacy fine and compliance orders issued against the tech giant by the Nigeria Data Protection Commission (NDPC).
The development was disclosed on Friday before Justice James Omotosho of the Federal High Court, Abuja, where the judge had been scheduled to rule on the NDPC’s preliminary objection and Meta’s motion to amend its filings.
During the proceedings, Meta’s lead counsel, Fred Onwuobia (SAN), informed the court that both parties had reached “an advanced stage of settlement discussions.” He urged the court to defer its ruling to allow time for the negotiations to conclude.
“The draft terms of settlement have been exchanged,” Onwuobia said, noting that both parties were concerned a ruling at this stage might “affect ongoing discussions.”
The NDPC’s counsel, Adeola Adedipe (SAN), confirmed the talks, describing the process as having “advanced appreciably.” He also asked the court to adjourn for the adoption of the final settlement terms as a consent judgment.
In response, Justice Omotosho commended both parties for exploring a peaceful resolution, stating that “the court encourages settlement whenever possible.” He adjourned the matter to October 31, 2025, for either a ruling or the formal adoption of the terms of settlement.
Background to the Dispute
In February 2025, the NDPC announced an administrative fine of $32.8 million against Meta and issued eight corrective orders for alleged violations of the Nigeria Data Protection Act (NDPA).
According to the Commission, a petition filed by the Personal Data Protection Awareness Initiative (PDPAI) accused Meta of engaging in behavioural advertising on Facebook and Instagram without the express consent of Nigerian users.
NDPC also alleged that Meta failed to file its 2022 compliance audit, breached cross-border data transfer rules, and processed the data of individuals who were not registered users of its platforms.
Meta’s Legal Challenge
Meta, however, challenged both the Commission’s findings and its procedure before the Federal High Court.
In a motion filed on March 19, the company argued that it was denied fair hearing and due process, claiming the NDPC issued its final orders without adequate notice or an opportunity to respond, in violation of Section 36 of the Nigerian Constitution.
Meta’s lead counsel, Prof. Gbolahan Elias (SAN), asked the court to quash the NDPC’s enforcement orders, calling them procedurally defective.
The NDPC, through Adedipe, opposed the suit, arguing that Meta’s case was incompetent and procedurally flawed. He maintained that the company’s filings violated Order 34 of the Federal High Court (Civil Procedure) Rules, 2019, which governs judicial review processes.
“Meta’s originating summons and its accompanying statements are inconsistent, rendering the suit defective,” Adedipe said.
He further argued that Meta’s bid to amend its claims amounted to introducing new reliefs, which is not permissible under court rules.
Court Proceedings and Next Steps
Justice Omotosho had earlier granted Meta permission to commence judicial review proceedings but refused to stay the NDPC’s enforcement actions.
After hearing arguments from both sides, the judge initially fixed October 3, 2025, to deliver a consolidated ruling on the NDPC’s objection and Meta’s motion.
However, with both parties now opting for an out-of-court resolution, the court will reconvene on October 31, 2025, to either deliver judgment or adopt the settlement as binding.
If successfully concluded, the agreement could mark one of the most significant data privacy settlements in Nigeria’s emerging digital regulatory space, setting a precedent for how the government and global tech firms handle data protection compliance disputes.
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