Abuja, Nigeria – The Nigerian Competition and Consumer Protection Tribunal has reserved judgment in the case involving WhatsApp and Meta Platforms Incorporated, which appealed a $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC) over alleged discriminatory practices in Nigeria.
The tribunal’s three-member panel, led by Thomas Okosun, adjourned the ruling after hearing oral arguments from both sides on Tuesday. Representing Meta and WhatsApp was Professor Gbolahan Elias (SAN), while Babatunde Irukera (SAN), a former Executive Vice Chairman of the FCCPC, represented the Commission.
Background of the Dispute
The FCCPC levied the penalty following an investigation into alleged violations of consumer rights and data protection laws. The Commission accused Meta of engaging in invasive and exploitative practices that allowed unauthorized access to user data in Nigeria.
WhatsApp and Meta’s appeal cited 22 reasons to overturn the penalty, including claims that the FCCPC’s directives were vague, impractical to implement, and not grounded in Nigerian law. The appellants also argued that the fine was calculated unfairly, without sufficient explanation or opportunity for response.
Arguments Presented at the Tribunal
During the proceedings, the FCCPC’s legal team argued that the fine was intended to address discriminatory practices and not merely to impose financial sanctions. The Commission maintained that its investigation found significant violations of data protection and consumer rights.
FCCPC counsel further requested the tribunal to admit the Commission’s complete records, emphasizing transparency and fairness. “A record is a record. It is the only thing that this tribunal needs to work on,” Irukera stated, dismissing claims of introducing new evidence.
However, Elias opposed this move, alleging that the alternative record of appeal filed by the FCCPC included documents Meta and WhatsApp had not seen prior to the appeal. He argued that introducing such materials undermined the appeal’s integrity.
Elias also challenged the FCCPC’s jurisdiction, claiming that data protection enforcement falls under the purview of the Nigeria Data Protection Commission (NDPC). He criticized the penalty as excessive, stating that compliance with the Commission’s orders would be technically impossible and cost-prohibitive.
“The fines are higher than the budgets and revenues of some Nigerian state governments combined,” Elias argued, adding that the Nigerian market is competitive, with users having alternative options like TikTok and Google Meet.
Irukera countered, emphasizing that foreign laws could serve as persuasive precedent in similar contexts, particularly in addressing global corporations. He also highlighted Meta’s $134.9 billion revenue in 2023, arguing that the fine was proportional to the company’s global operations and scale.
Tribunal’s Next Steps
After hearing both sides, the tribunal reserved its judgment, stating that a ruling would be communicated to the parties at a later date.
Join our Channel...