The Nigeria Data Protection Commission (NDPC) and Meta Platforms Inc. are moving toward an out-of-court settlement in their ongoing legal dispute over a $32.8 million fine and a series of compliance directives issued against the tech giant for alleged data protection breaches affecting Nigerian users.
At a hearing before Justice James Omotosho of the Federal High Court in Abuja on Friday, counsel for both parties confirmed that negotiations were progressing. The judge had been expected to rule on two pending applications — the NDPC’s preliminary objection to Meta’s suit and Meta’s request to amend its court filings — but agreed to pause proceedings to allow settlement discussions to continue.
Meta’s lawyer, Fred Onwuobia, SAN, told the court that “the parties have reached an advanced stage of settlement” and warned that a ruling at this stage could derail the progress made. “The draft terms of settlement have been exchanged,” he said, requesting an adjournment to finalize discussions.
Counsel for the NDPC, Adeola Adedipe, SAN, confirmed that “settlement discussions have advanced appreciably” and asked that the court allow sufficient time for the terms to be completed and presented for adoption as a consent judgment.
Justice Omotosho welcomed the development, saying the court encourages amicable resolutions, and adjourned the case to October 31, 2025, for either a ruling or adoption of any agreed settlement.
The NDPC’s case against Meta began in February 2025, when the Commission imposed the $32.8 million penalty and issued eight corrective orders following a petition from the Personal Data Protection Awareness Initiative. The petition alleged that Meta engaged in behavioral advertising on Facebook and Instagram without obtaining users’ explicit consent.
The Commission also accused Meta of failing to file a 2022 compliance audit, breaching cross-border data transfer regulations, and processing personal data of non-users, among other alleged violations.
Meta challenged both the substance and the process of the NDPC’s findings. In a motion filed on March 19, Meta argued that it was denied due process and a fair hearing, claiming the Commission failed to give adequate notice or an opportunity to respond before issuing its final directives. Lead counsel Prof. Gbolahan Elias, SAN, asked the court to set aside the NDPC’s enforcement orders, describing them as unconstitutional under Section 36 of the Nigerian Constitution.
The NDPC responded with a preliminary objection, arguing that Meta’s suit was procedurally defective and that the court lacked jurisdiction because Meta did not comply with Order 34 of the Federal High Court (Civil Procedure) Rules on judicial review. Adedipe contended that Meta’s filings were “misaligned” and accused the company of seeking to substitute reliefs already obtained ex parte with new ones “under the guise of an amendment.”
In April, Meta sought leave to amend its originating documents to ensure consistency between its reliefs and the summons, saying it aimed to harmonize its pleadings.
Justice Omotosho had earlier granted Meta leave to commence judicial review but declined to stay the NDPC’s enforcement orders. After hearing arguments from both sides, the judge initially scheduled October 3, 2025, for a consolidated ruling on the NDPC’s objection and Meta’s amendment request — a ruling now put on hold pending the outcome of settlement talks.
Source: ameyawdebrah.com/
