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Meta Platforms Inc., the parent company of Facebook and Instagram, is pursuing an out-of-court settlement with the Nigeria Data Protection Commission (NDPC) in relation to a US$32.8 million fine and a set of compliance orders imposed earlier this year.
The development came before Justice James Omotosho at the Federal High Court in Abuja, where both parties asked for an adjournment to enable them to finalise terms.
Meta’s legal team said the “draft terms of settlement have been exchanged” and appealed for time to file a joint “consent judgement”. NDPC’s counsel confirmed that settlement talks had advanced significantly and supported the request.
Justice Omotosho, acknowledging that courts encourage mediation and negotiated resolution, refrained from issuing a ruling.
He adjourned the matter until October 31, 2025, for either a final judgment or adoption of the settlement terms.
The conflict dates back to February 18, 2025, when the NDPC imposed the US$32.8 million penalty and issued eight corrective directives against Meta under the Nigeria Data Protection Act.
The regulator found that Meta had breached several provisions: failing to file its 2022 compliance audit, violating rules on cross-border data transfers, processing data of non-users, and conducting behavioural advertising without explicit consent from Nigerian users.
In response, Meta filed a suit on March 19, arguing that due process and a fair hearing had been denied and asking the court to quash the enforcement orders.
The company contended that the NDPC did not allow adequate notice or opportunity to respond before issuing the sanctions.
NDPC, for its part, raised a preliminary objection, describing Meta’s suit as “grossly incompetent” and asserting that the court lacks jurisdiction under Order 34 of the Federal High Court (Civil Procedure) Rules, 2019. The regulator accused Meta of inconsistent filings and improper attempts to amend reliefs after the ex parte phase.
Before the settlement push, the court had granted Meta leave to proceed with judicial review but denied a request to stay the enforcement of the NDPC orders, accelerating the hearing schedule instead.
A settlement in this case would mark one of Nigeria’s boldest tests of enforcement under the Data Protection Act, which President Bola Tinubu signed into law in June 2023.
It could signal how firmly the NDPC will hold even powerful international tech firms accountable—while also offering a path to resolution without protracted litigation.
If adopted as a consent judgment, the terms may include constraints, commitments, or corrective obligations that Meta must adhere to in Nigeria. Observers will closely watch whether the settlement strengthens privacy protections or appears overly conciliatory to Meta.
As the October deadline approaches, all eyes will be on whether the parties finalise a negotiated resolution or return to court for a full decision on the objections. Either outcome will shape Nigeria’s digital regulatory landscape for years to come.
