The Nigeria Data Protection Commission, NDPC, and Meta Platforms, Inc., on Friday at the Federal High Court in Abuja agreed to settle out of court, the dispute on the $32.8 million fine imposed against the latter by the regulatory agency.
Counsel for the parties told Justice James Kolawole Omotosho about their resolution for out of court settlement shortly after the matter was called for ruling.
Justice Omotosho had, on July 16, fixed October 3 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 same day for ruling on Meta’s request to amend its process.
The NDPC had, on February 18, imposed both a remedial fee of 32,800,000 million US dollars 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 with respect to behavioural advertising on Facebook and Instagram.
Dissatisfied with the action, Meta Platforms Inc., in a motion ex-parte dated and filed on February. 26, dragged the regulatory agency to the high court as sole respondent.
In the motion ex-parte marked: FHC/ABJ/CS/355/2025 and moved by Fred Onwuobia, 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 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 relief seeking a stay of the proceedings of all matters relating to the “Final Orders” issued by NDPC against it, pending the hearing and determination of the judicial review proceedings.
Instead, the judge made an order of accelerated hearing of the suit.
But NDPC, in a preliminary objection filed by its lawyer, Adeola Adedipe, SAN, told the court that the suit was incompetent and the court lacked the jurisdiction to entertain same.
At the scheduled ruling, Meta’s lawyer, Onwuobia, begged the court to defer the ruling on NDPC’s preliminary objection and the motion on notice to amend their suit.
He told the court that the parties had reached an advanced stage on settlement in this case.
The lawyer said settlement was the option the parties had resolved to opt for, stating that the parties “are afraid” that the ruling might affect discussions on settlement.
The draft terms of settlement he said, have been exchanged and therefore, urged the court to grant an adjournment for a report of settlement.
NDPC’s lawyer, Adedipe, confirmed Onwuobia’s submission adding that
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 judgement” 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 till October 31 for either a ruling or adoption of terms of settlement.
The regulatory agency, in its objection dated April 10 and filed April 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 jurisdiction of the court.
“The suit is liable to be struck out/dismissed, in limine,” Adedipe had argued.
The fine against Meta came as one of the measures taken by the NDPC to protect Nigerians’ data under the Nigeria Data Protection Act, signed into law by President Bola Tinubu in June 2023.
