The Nigeria Data Protection Commission (NDPC) and Meta Platforms, Inc. agreed to settle out of court on Friday over a dispute regarding the $32.8 million fine imposed by the regulatory agency against Meta Platforms, Inc.
Counsel for the parties told Justice James Omotosho of the Federal High Court in Abuja shortly after the matter was called for ruling.
Justice Omotosho had, on July 16, fixed today for ruling on NDPC’s preliminary objection against the suit filed by Meta, the parent company of Facebook and Instagram.
The judge had also scheduled today for ruling on Meta’s request to amend its process.
The NDPC had, on Feb. 18, imposed both a remedial fee of $ 32,800,000 and eight corrective orders against Meta Inc.
The American multinational technology company was alleged to have violated the fundamental privacy rights of its Nigerian users regarding behavioural advertising on Facebook and Instagram.
Dissatisfied with the action, Meta Platforms Inc., in a motion ex parte dated and filed on Feb. 26, dragged the regulatory agency to court as the sole respondent.
In the motion ex parte marked: FHC/ABJ/CS/355/2025 and moved by Fred Onuofia, SAN, on March 4, Justice Omotosho granted one of the two orders sought.
The judge had granted leave to Meta to commence proceedings by way of judicial review, seeking, inter alia, an order of certiorari quashing the compliance and enforcement orders dated Feb. 18 issued by the NDPC against the company.
It urged the court to nullify “all other investigations, proceedings and actions taken by respondent against the applicant leading to the ‘Final Orders.'”
The judge, however, refused to grant Meta’s request for relief, seeking a stay of all proceedings related to the “Final Orders” issued by NDPC against it, pending the hearing and determination of the judicial review proceedings.
Instead, the judge issued an order for an accelerated hearing of the suit.
However, in a preliminary objection filed by its lawyer and head, Adeola Adedipe, SAN, of Alpha & Rohi Law Firm, NDPC informed the court that the suit was incompetent and that the court lacked jurisdiction to entertain it.
At the scheduled ruling, Meta’s lawyer, Onwuobia, requested that the court defer the ruling on NDPC’s preliminary objection and the motion to amend their notice of suit.
He told the court that the parties had reached an advanced stage of settlement in this case.
The lawyer stated that settlement was the option the parties had resolved to opt for, explaining that the parties “are afraid” that the ruling might affect their settlement discussions.
“The draft terms of settlement have been exchanged,” he said.
He, therefore, urged the court to grant an adjournment for a report of settlement.
NDPC’s lawyer, Adedipe, confirmed Onwuobia’s submission.
According to him, settlement discussions have advanced appreciably.
The senior lawyer urged the court to adjourn so they could return with settlement terms that the court would adopt as a “consent judgment” for the parties.
Justice Omotosho, in response, held that since the court encouraged settlement, he was inclined not to deliver the planned ruling.
He subsequently adjourned the matter until Oct. 31 for either a ruling or the adoption of the terms of settlement.
The regulatory agency, in its objection dated April 10 and filed Apr. 11 by Adedipe, urged the court to either strike out or dismiss the case.
Adedipe, in two grounds of argument, submitted that the originating summons filed by the company is incompetent for non-compliance with the mandatory provision of Order 34 Rule 6(1) of the FHC (Civil Procedure) Rules, 2019.
Quoting the provision, the lawyer said: “No ground shall be relied upon or any relief sought at the hearing, except the grounds and reliefs sought in the statement.”
He also argued that the suit, as presently constituted, is grossly incompetent and academic, as the reliefs sought therein are not capable of activating the court’s jurisdiction.
“The suit is liable to be struck out/dismissed, in limine,” Adedipe had argued.
The fine against Meta was one of the measures taken by the NDPC to protect Nigerians’ data under the Nigeria Data Protection Act, which was signed into law by President Bola Tinub in June 2023.
