The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc., the parent company of social media giants Facebook and Instagram, have agreed to pursue an out-of-court settlement in the ongoing legal battle over alleged data privacy violations affecting Nigerian users.
This development was revealed during proceedings at the Federal High Court in Abuja on Friday, where both legal teams informed Justice James Omotosho that discussions toward resolving the matter amicably had reached an advanced stage.
The case involves a hefty $32.8 million fine and eight compliance directives issued by the NDPC against Meta earlier this year, following accusations of non-consensual behavioral advertising and other violations under Nigeria’s Data Protection Act.
Court Halts Ruling as Settlement Nears
Friday’s session was initially scheduled for the court to deliver a ruling on the NDPC’s preliminary objection and Meta’s motion to amend its originating court filings. However, Meta’s lawyer, Fred Onwuobia, SAN, requested an adjournment, citing ongoing settlement efforts.
“The parties have exchanged draft terms of settlement, and we believe a ruling at this point could derail progress,” Onwuobia told the court.
Counsel to the NDPC, Adeola Adedipe, SAN, supported the request, noting that settlement discussions had advanced appreciably and that both sides hoped to return with agreed terms to be adopted as a consent judgment.
Justice Omotosho, in response, acknowledged the court’s preference for amicable resolutions and adjourned the matter until October 31, 2025, when the court will either adopt the settlement terms or proceed with its previously scheduled ruling.
Background: How It All Started
The NDPC had in February 2025 slammed Meta with a $32.8 million penalty after a petition filed by civil society group Personal Data Protection Awareness Initiative (PDPAI) accused the company of processing Nigerian user data without explicit consent on its platforms.
In addition to the fine, the Commission issued eight corrective orders, citing infractions including:
- Failure to submit its 2022 data protection compliance audit
- Breach of cross-border data transfer rules
- Use of non-users’ data without authorization
Meta responded by filing a lawsuit challenging both the substance and the procedure of the Commission’s actions, arguing that it had been denied fair hearing and that the Commission’s orders violated Section 36 of the Nigerian Constitution, which guarantees the right to a fair trial.
Meta Seeks Amendment, NDPC Pushes Back
Meta’s lead counsel, Gbolahan Elias, SAN, filed a motion on March 19, requesting the court to set aside the NDPC’s enforcement orders on the grounds of due process violations.
The company later filed another motion on April 23, seeking to amend its original court documents to align the reliefs sought in its summons and affidavit.
However, NDPC’s legal team pushed back, arguing that the lawsuit was procedurally defective. Counsel Adedipe contended that Meta’s filings didn’t comply with Order 34 of the Federal High Court (Civil Procedure) Rules, 2019, and accused the company of attempting to substitute previously ruled reliefs, which he said was not allowed under the law.
While the court had earlier granted Meta leave to commence judicial review proceedings, it refused to stay the enforcement of the NDPC’s corrective orders.
What Happens Next?
With both parties now leaning toward a negotiated resolution, the court has set a new date October 31, 2025 to either adopt the final terms of settlement or proceed with a ruling on the objections and motions still pending before it.
The outcome of this case could set a significant precedent for data protection enforcement in Nigeria, especially in dealing with international tech giants operating in the local digital space.
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