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The preliminary notice was authored by Emmanuel Okpara, Esq., Director of Litigation and Compliance, and Mus’ab Awwal Mu’az, Esq., secretary of the Association’s Steering Committee.

The conflict originated from a consent order issued on November 3, 2025, by Judge J.K. Omotosho of the Federal High Court in Abuja, in Case No: FHC/ABJ/CC/355/2025 between Meta Platforms, Inc. and the NDPC.

After investigations carried out under the Nigeria Data Protection Act (NDPA), 2023, the NDPC issued a Final Order against Meta Platforms, Inc., determining “extensive breaches of data protection and privacy rights of around 61 million Nigerians,” and levying a corrective penalty of USD 32,800,000.

The preliminary notice was authored by Emmanuel Okpara, Esq., Director of Litigation and Compliance, and Mus’ab Awwal Mu’az, Esq., Secretary of the Association’s Steering Committee.

The conflict originated from a consent order issued on November 3, 2025, by Judge J.K. Omotosho of the Federal High Court in Abuja, in Case No: FHC/ABJ/CC/355/2025 involving Meta Platforms, Inc. and the NDPC.

After investigations carried out under the Nigeria Data Protection Act (NDPA), 2023, the NDPC issued a Final Order against Meta Platforms, Inc., determining “extensive breaches of data protection and privacy rights of about 61 million Nigerians,” and levying a corrective penalty of USD 32,800,000.

The NDPC’s inquiry originated from a complaint submitted to the commission on August 14, 2023, directed at Meta Platforms Inc. by Ozoemena Nwogbo, the leader of the Personal Data Protection Awareness Initiative, concerning alleged breaches of the Nigeria Data Protection Act.

Following its inquiry, NDPC determined that Meta Platforms Inc. was at fault and, on February 18, 2025, issued nine Final Orders against the company.

NDPC’s Order

The NDPC’s order number nine states, “Meta must pay the Nigerian naira value of 32,800,000 USD (Thirty-two million, eight hundred thousand United States Dollars) as a corrective fee. The equivalent in Nigerian naira will be calculated based on the rate set by the Central Bank of Nigeria.”

The specifics regarding the payment of the remedial fee are outlined below: Account Name: Nigeria Data Protection Commission Fund Account. Account Number: 0020331265048 (300131267). Please use RTGS for the transaction.

The NDPC stated, “It should be noted that Meta has the right to request a judicial review of this ruling. The Commission will carefully observe Meta’s corrective actions and their effect on data individuals for a period of at least six months.”

Nevertheless, the Final Order was later revoked under the Terms of Settlement, which were approved by the court as a consent judgment on November 3, 2025, after a case designated FHC/ABJ/CS/355/2025, initiated by Meta Platforms Inc. against the NDPC.

A section of the Settlement Terms between NDPC and Meta Platforms Inc. states, “The applicant (Meta Platforms Inc.) and the respondent (NDPC) have reached a mutual agreement that addresses the conflict mentioned in the applicant’s initial Summons.”

According to this agreement: (I) the applicant has committed to offering particular corrective measures to the respondent in order to safeguard the rights of data individuals in Nigeria; and (II) the respondent has, among other things, agreed to reserve and give up any entitlements to enforce or attempt to enforce the Final Orders against the applicant.

The conditions of the settlement explicitly state, “Considering the above: The applicant fully and completely ends, gives up, withdraws, and stops the Originating Summons along with any and all claims against the respondent related to or stemming from the issues or subject matter involved, unless the parties have made a different agreement.”

The respondent: (I) cancels the Final Orders directed at Meta; and (II) unless the parties have reached a different agreement, completely and definitively releases and frees Meta from any and all claims, requests, legal actions, grounds for litigation, agreements, responsibilities, lawsuits, debts, expenses, and liabilities that the respondent has ever had, currently has, or may in the future assert against Meta concerning these matters.

Group Accuses Of Illegal Agreement

However, the Data Privacy Lawyers Association claimed that the consent judgment was improperly entered, asserting that it was done without proper legal authority, violating the Nigeria Data Protection Act, 2023, and infringing upon the constitutional right to privacy outlined in Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The organization also stated that the move was made “to the significant disadvantage of millions of affected Nigerians and the public interest, as well as the Federal Government of Nigeria.”

In the announcement, the Association cautioned that if the concerns mentioned are not promptly resolved within the legally mandated notice period, it will take the matter to the Federal High Court for various remedies.

These involve an order that cancels, overturns, and declares invalid the consent judgment due to fraud, conspiracy, significant failure to disclose, absence of legal authority, and breach of the NDPA, 2023.

It is also requesting a declaration stating that the consent judgment is “null, void, unconstitutional, and legally ineffective,” along with a declaration that the NDPC does not have statutory authority to waive, compromise

Additional requests include a court order to reinstate and revive the Final Order against Meta Platforms, including the $32.8 million penalty, and a directive preventing any further use or enforcement of the settlement agreement.

The Association also requested the court to issue additional orders that the Court considers appropriate in the interest of justice, public responsibility, and the safeguarding of constitutional rights.

To ensure openness and responsibility, the Association requested the NDPC to issue a written clarification regarding the legal foundation for signing the Terms of Settlement, explain the statutory power used to exempt the corrective penalty and revoke the Final Order, and implement actions to address the concerns mentioned.

The letter, the Association stated, serves as the necessary pre-action notification under the relevant legal provisions.

It stated that if the issues are not properly resolved within 30 days from the date the notice was received, it will take legal action without additional steps.

remove, or eliminate obligations, penalties, or corrective fines resulting from confirmed breaches of the Act.