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WhatsApp, Meta Platforms want tribunal to quash FCCPC penalty on 22 grounds
WhatsApp, Meta Platforms want tribunal to quash FCCPC penalty on 22 grounds
WhatsApp and its parent company, Meta Platforms Incorporated, have cited 22 reasons why the Federal Competition and Consumer Protection Commission (FCCPC) order imposing a $220 million penalty should be set aside by the Competition and Consumer Protection Tribunal, among others.
This is detailed in their notice of appeal against the FCCPC, which was exclusively seen by Nairametrics.
Newstrends previously reported that the FCCPC, an agency under the Federal Ministry of Industry, Trade and Investment (FMITI), had imposed a $220,000,000 penalty on Meta Platforms Incorporated over alleged discriminatory practices against Nigerian data and consumers.
In a statement signed by Dr. Adamu Abdullahi, Acting Chief Executive Officer of the FCCPC on July 26, 2024,the penalty followed a joint investigation by the Commission and the Nigeria Data Protection Commission (NDPC) into Meta Platforms’ conduct, privacy policies, and practices between May 2021 and December 2023, a period of 38 months.
According to the statement, in May 2021, the Commission had directed WhatsApp LLC and Meta Platforms, Inc. (formerly called Facebook Inc.) to defend themselves regarding its investigative report, which detailed how their conduct allegedly violated relevant data laws.
Meta was said to have provided some information in response to the requests and summons under the joint investigation.
However, the Commission disclosed that the investigation concluded that Meta Platforms had engaged in conduct constituting continuing infringements of Nigeria’s consumer protection and data laws over an extended period.
It expressed concerns about Meta’s allegedly abusive and invasive practices affecting data subjects and consumers in Nigeria.
These included unauthorized use of personal data, discriminatory treatment compared to other regions with similar regulations, and the exploitation of market dominance to enforce privacy policies that collect personal information without giving consumers the option to consent or refuse.
“The Final Order of the Commission mandates steps and actions Meta Parties must take to comply with prevailing laws and cease the exploitation of Nigerian consumers and market abuse, as well as desist from future similar or other conduct/practices that do not meet nationally applicable standards and undermine the rights of consumers,” the FCCPC statement partly reads.
WhatsApp, Meta platforms grounds of appeal
In the social media giants’ 22 reasons listed in their notice of appeal seen by Nairametrics, their legal team argued that the FCCPC erred in all the findings, directions, and decisions contained in its orders.
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They are leveraging their appeal to ask the tribunal to quash the FCCPC’s orders in their entirety.
Here are the reasons listed by WhatsApp and Meta Platforms:
Vague Rights of Nigerian Users
Meta Platforms insisted that the FCCPC’s directive to “immediately reinstate the rights of Nigerian users to self-determine and control the use, processing, sharing, or transfer of their data” is unreasonably vague, creating excessive uncertainty.
According to Meta, the obligation requested by the FCCPC does not consider the operational complexities inherent in the WhatsApp service, thereby imposing an impossible burden on the appellants.
Ambiguous privacy policy order
Meta insisted that Nigerian users are fully at liberty to reject its privacy policy by declining to accept WhatsApp’s Terms of Service and not using the WhatsApp service.
Furthermore, it argued that the privacy policy order by FCCPC is ambiguous because WhatsApp had updated its privacy policy in a format that allows Nigerian users to fully express their legitimate rights prior to the initiation of the FCCPC’s investigation.
Unjustifiable order on data sharing between platforms
Meta insisted that it is unjustifiable for the FCCPC to order it to immediately halt sharing WhatsApp user information with other Facebook companies and third parties until users have voluntarily consented to each aspect of how their data will be used.
It submitted that forcing WhatsApp to rely on consent for its data sharing is discriminatory, contrary to the express provisions of the law, and disregards industry-standard practices.
Meta privacy policy not subject to FCCPC approval
WhatsApp and Meta insisted that Nigerian law does not require that the privacy policy of a data controller be approved in advance by either the Commission or the Nigeria Data Protection Commission (NDPC), nor does the law authorize any of the agencies to insist on such prior approval.
Meta can’t revert to its data sharing practices of 2016
Meta insisted that there is no legal basis for the Commission to direct the appellants to revert to the “data sharing practices adopted in 2016” (which allowed users to consent or withhold consent).
It maintained that the companies’ data practices do not violate Nigerian law and, therefore, do not warrant such a directive from the Commission.
Unclear blockage of WhatsApp data transfer to Facebook
The appellants submitted that the instruction to stop transferring data from WhatsApp to Facebook and other third parties without explicit consent from users is unclear, as one can make full use of the WhatsApp messaging service without signing up for a Facebook account or any other Meta product.
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No need for written assurance to FCCPC
The appellants stated that they had not taken any steps detrimental to the interests of their Nigerian users and that there was no need for the FCCPC to mandate them to submit a “written assurance” assuring it would not infringe on consumers’ rights.
Erroneous proposed remedy package for consumers
The appellants argued that they have no remedy “package” to comply with.
Furthermore, they contended that the 15-day timeframe stipulated by the order for the execution of the “Proposed Remedy Package” for consumers is inadequate and does not provide an adequate period for implementation.
Meta can’t pay FCCPC $35,000 as investigation cost
The appellants submitted that the Commission erred in law when it ordered that the “Meta Parties shall reimburse the Commission the cost of the investigation in the sum of Thirty-Five Thousand U.S. Dollars only ($35,000.00) (at prevailing exchange rate where applicable) under Section 23(2)(f) of the FCCPA.”
They argued that there is no legal basis for the Commission to direct the appellants to reimburse the costs of conducting its investigation, as they are not obligated by or liable in law to pay these costs.
$220 million penalty is hefty
The appellants also argued that the FCCPC denied them a fair hearing by imposing a hefty penalty without giving them an opportunity to understand the means by which the penalty would be calculated and to respond to the calculation of the proposed amount.
Impossible to build Data Consent Mechanisms
The appellants argued that contrary to the FCCPC’s order on compliance, it would be impossible to identify and build a consent mechanism for each data point processed by Nigerian consumers. They added that doing so would be “extremely expensive.“
FCCPC can investigate Meta without requiring the presence of Its personnel
The appellants argued that FCCPC experts can always conduct data handling compliance audits of Meta, without needing its personnel.
“Further, the appellants have no physical presence in Nigeria, thus negating any need for, or point in having, an audit from the Commission,” they stated.
Meta Can’t be compelled to obtain FCCPC prior approval
The appellants stated that the Commission has no powers to compel them to obtain the approval of the Commission or the NDPC prior to the publication of its privacy policy within ten days.
They further argued that updates to its privacy policy require extensive engagement with stakeholders across WhatsApp, and substantial amendments can take months to implement.
Proposed remedy package will take time to implement
The appellants argued that it is not technically possible to implement any proposed remedy package for Nigerian consumers (whose rights have been allegedly infringed upon) within 15 days, as directed by the FCCPC.
WhatsApp, Meta does not coerce Nigerian consumers
The appellants argued that if FCCPC’s Order Number 5 of the Final Order is intended to reference “tying in the sense of coercion by an allegedly dominant party of a consumer to accept a tied product as a condition of receiving a tying product, leading to the foreclosure of competition,” no such thing exists in WhatsApp or Meta.
Meta wasn’t formally probed by FCCPC
The appellants argued that the Commission erred when it ordered Meta to produce information in the investigation of WhatsApp without formally initiating an investigation of Meta.
They argued that WhatsApp is a distinct legal entity from Meta.
No need to penalize Meta
The appellants further argued that there was no evidence before the Commission showing that WhatsApp was acting on behalf of Meta, and therefore no evidence to warrant treating Meta as a target of the Commission’s orders.
Fair hearing
WhatsApp and Meta argued that the Commission erred in issuing the Final Order because it failed to consider the submissions made by the appellants before issuing the final order, thereby violating their right to a fair hearing.
WhatsApp, Meta was not allowed to query the calculation of the penalty
The appellants urged the tribunal to hold that the Commission was in error because it did not afford them an opportunity to make representations on the feasible period required for compliance with its decisions, the amount of the penalty imposed, or the methodology employed in calculating the penalty.
FCCPC made no findings against WhatsApp, Meta
The appellants’ legal team also argued that the Final Order issued by the Commission is fundamentally flawed due to its failure to disclose any findings of fact or law or to provide reasons for the decisions or penalties.
FCCPC fined WhatsApp and Meta without the signature of its Executive Chairman or Vice Chairman
The appellants argued that the position of the Executive Vice-Chairman of the FCCPC was allegedly vacant at the time the Final Order was signed.
It stated:
“To be clear, while President Bola Tinubu appointed Mr. Olatunji Bello on June 24, 2024, as the Executive Vice-Chairman of the Commission, his appointment had, at all material times, not been confirmed by the Senate in accordance with Section 5 of the FCCPA.
“Thus, it effectively means that the position of the Executive Vice-Chairman was vacant on the date shown on the face of the Final Order.”
Unreasonable orders
WhatsApp and Meta believe that the Final Order of the FCCPC “is unreasonable and against the weight of evidence.”
They urged the Tribunal to allow their appeal and set aside all of the decisions reached in the Final Order of the Federal Competition and Consumer Protection Commission.
What you should know
Per data from Statista, there were nearly 41.6 million Facebook users in Nigeria as of May 2023, which is 18.5% of the country’s population.
Following the FCCPC’s orders, WhatsApp reacted, saying, “In 2021, we went to users globally to explain how talking to businesses, among other things, would work. While there was a lot of confusion then, it has actually proven quite popular.”
Meanwhile, fines such as the ones imposed against Meta are not uncommon. Last year, the European Data Protection Agency fined the tech giant Facebook a record €1.2 billion for not complying with the EU’s privacy regulations.
The Irish Data Protection Commission stated that Meta, the parent company of Facebook, violated the General Data Protection Regulation (GDPR) by transferring large amounts of European Facebook users’ personal data to the United States without adequately protecting it from U.S. data surveillance practices.
Amazon had previously been fined €746 million by Luxembourg, and the Irish regulator imposed four fines on Meta’s platforms—Facebook, Instagram, and WhatsApp—ranging from €225 million to €405 million between 2021 and 2023.
Over the past five years, Big Tech companies Amazon, Meta, and Google have faced some of the largest fines imposed under the European Union’s General Data Protection Regulation (GDPR) privacy laws.
The legality or illegality of the recent penalties and orders against WhatsApp and Meta Platforms is now a matter for the courts to determine.
WhatsApp, Meta Platforms want tribunal to quash FCCPC penalty on 22 grounds
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Atiku Challenges Tinubu’s Prosperity Claim, Says Nigerians Can Barely Afford to Live
Atiku Challenges Tinubu’s Prosperity Claim, Says Nigerians Can Barely Afford to Live
Former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has criticised President Bola Ahmed Tinubu’s claim that Nigeria has entered an era of prosperity, saying millions of Nigerians are still struggling to afford basic necessities.
Atiku made the remarks in his Independence Day address on Thursday as Nigeria marked its 66th anniversary, arguing that the economic gains highlighted by the government have yet to translate into improved living conditions for many households.
Tinubu, in his own Independence Day address, said Nigeria had moved from a period of difficult economic reforms into what he described as an era of shared and widespread prosperity. He said the government’s focus was now on lowering the cost of living, creating jobs, expanding production and improving opportunities for Nigerians.
Atiku, however, disputed that assessment, saying the reality confronting ordinary Nigerians was different from the picture presented by the government.
He argued that a reduction in the rate of inflation does not automatically restore the purchasing power lost by households after years of rising prices.
According to Atiku, the current N70,000 minimum wage can purchase about 50 litres of petrol, compared with about 118 litres that the former N30,000 minimum wage could buy in April 2023.
He also cited the rising prices of basic food items, including bread and eggs, as evidence of the pressure facing families.
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The ADC candidate said his approach to reducing petrol prices would include a capped and budgeted production subsidy restricted to petrol refined in Nigeria. Under his proposal, imported petrol would not qualify for the subsidy.
He said the arrangement would have a spending limit, with the cost made public and payments independently audited. He argued that such a policy could reduce pump prices while supporting domestic refining and creating jobs.
Atiku also questioned the Federal Government’s reported cash transfers to vulnerable Nigerians, asking how more than 10 million beneficiaries were identified and paid.
He said the government should provide details of the beneficiaries and explain how the funds were disbursed.
The former vice president also raised concerns over Nigeria’s public debt, citing a debt stock of about N166.79 trillion as of the end of June 2026. He criticised the extension of the 2025 budget into 2026 and questioned the management of public resources.
On insecurity, Atiku said Nigerians continued to face threats from armed groups, while farmers in some communities remained unable to access their farms safely.
He also called for greater adherence to the rule of law, raising questions about the continued detention of certain individuals, including Sheikh Sani Khalifa Zaria and former Kaduna State governor Nasir El-Rufai.
On the case of Nnamdi Kanu, Atiku said the legal process should respect his right to appeal and that the grievances surrounding the case should be addressed through lawful means.
He also criticised the reported arrest of Nigerians over the wearing of T-shirts bearing the slogan “Tinubu Must Go”, arguing that political expression should not by itself be treated as a criminal offence.
Atiku further challenged the administration over its handling of the economy, saying Nigerians had endured substantial hardship following the removal of the petrol subsidy and other economic reforms.
He maintained that the benefits promised from the reforms had not yet been sufficiently felt by ordinary citizens.
The ADC candidate urged Nigerians to remain engaged in the political process ahead of the 2027 general election, calling on voters to protect their votes and participate actively in determining the country’s leadership.
Atiku said the central issue was whether government policies were improving the daily lives of Nigerians, particularly in the areas of food prices, transportation, employment, healthcare, security and household income.
His address came shortly after Tinubu told Nigerians that the government had completed the most difficult phase of its economic reforms and was now focused on translating those reforms into broader prosperity.
The contrasting Independence Day messages highlighted the competing assessments of Nigeria’s economic situation ahead of the 2027 elections, with Tinubu defending the direction of his reforms and Atiku arguing that the hardship experienced by many households remains unresolved.
Atiku Challenges Tinubu’s Prosperity Claim, Says Nigerians Can Barely Afford to Live
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Nigeria at 66: Tinubu Unveils Fresh Push for Lower Costs, Jobs, Prosperity (Full Text)
Nigeria at 66: Tinubu Unveils Fresh Push for Lower Costs, Jobs, Prosperity (Full Text)
President Bola Ahmed Tinubu has declared that Nigeria is entering what he described as an “age of prosperity”, saying the focus of his administration will now shift from economic reforms to lower living costs, job creation, industrial growth and improved living standards.
Tinubu made the declaration in his 66th Independence Day address to Nigerians on Thursday, October 1, 2026, saying his administration had spent the past three years addressing what it regarded as longstanding economic distortions and was now moving towards what he called “shared and widespread prosperity.” (State House)
“The emergency treatment is over. The foundation has been repaired,” the President said, arguing that the country had reached a turning point after a difficult period of economic adjustment.
Tinubu said the next phase would concentrate on translating economic improvements into tangible benefits for Nigerians, particularly by reducing the cost of producing and transporting goods, expanding agricultural production and creating millions of productive opportunities.
According to the President, the government will pursue expanded mechanised irrigation and dry-season farming, improved access to seeds and fertiliser, greater agricultural mechanisation, storage facilities and better transportation infrastructure.
He said investments in roads, railways and ports would also help connect farms and factories to markets and reduce the cost of moving goods across the country.
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Tinubu said the administration’s approach was based on lowering production costs so that savings could eventually be reflected in the prices paid by consumers.
He also placed job creation and industrialisation at the centre of the next phase of his economic programme, saying Nigeria’s large youth population could become an engine of production if provided with the right opportunities, skills, infrastructure and access to finance.
The President said government would use the country’s natural gas resources to support new industries and help businesses revive factories, while expanding digital connectivity and skills development.
“I want to see more Nigerians making things,” Tinubu said, outlining a vision in which Nigerian farms supply cities and factories, local businesses expand their exports and young Nigerians build technology companies and other enterprises.
On social protection, Tinubu acknowledged that millions of Nigerians still face difficulties paying for food, education, healthcare and transportation.
He said government would strengthen support for vulnerable households through the National Social Register, while continuing programmes such as the Nigerian Education Loan Fund (NELFUND) and CREDICORP.
The President also said the Federal Government would continue working with state and local governments to strengthen primary healthcare, basic education and other essential public services.
Tinubu said these interventions were intended to support vulnerable Nigerians while the broader economy expands, rather than serve as a permanent substitute for economic opportunity.
He also defended the administration’s economic reforms, arguing that the measures did not create Nigeria’s longstanding economic weaknesses but were intended to address them.
The President said the Nigerian economy had grown by more than four per cent in 2026, while inflation had fallen from its peak, foreign reserves had been rebuilt and the foreign exchange market had stabilised. He also said oil theft had declined and that Nigeria generated more than $6 billion in non-oil export revenue in 2025, which he described as a record. These figures were presented as part of the administration’s assessment of its economic performance. (State House)
Tinubu acknowledged the hardship associated with the reforms but argued that the government could not reverse in four years problems that had accumulated over several decades.
“We cannot erase in four years what accumulated over generations,” he said, while promising to change the country’s economic direction and steadily reduce poverty.
The President said the administration’s ultimate objective was not merely to manage poverty but to create conditions that would allow more Nigerians to move out of poverty through sustained economic growth and productive employment.
“The age of reform has done its work. Now begins the age of prosperity,” Tinubu declared.
He urged Nigerians to look ahead and support efforts to build what he described as a country of greater abundance and opportunity.
Tinubu concluded his Independence Day speech by calling for national unity and renewed confidence in Nigeria’s future, saying the country had corrected its economic direction and should now move forward without looking back. (State House)
Full Tinubu Independence Day speech
The complete 66th Independence Day address by President Bola Ahmed Tinubu, titled “From Reform to Prosperity,” is available in full on the official State House website. (State House)
Read Tinubu’s full 66th Independence Day address
Nigeria at 66: Tinubu Unveils Fresh Push for Lower Costs, Jobs, Prosperity (Full Text)
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Independence Day: Tinubu Unveils Plan to Cut Living Costs, Expand Jobs
Independence Day: Tinubu Unveils Plan to Cut Living Costs, Expand Jobs
President Bola Ahmed Tinubu has declared that reducing the cost of living, creating productive jobs and expanding industrial growth will be the focus of the next phase of his administration, as Nigeria moves from economic reforms to what he described as an “age of prosperity.”
Tinubu made the declaration in his Independence Day address on Thursday, October 1, 2026, as Nigeria marked its 66th anniversary.
The President said his administration had spent the past three years correcting what he described as deep-rooted economic distortions and was now shifting its attention towards ensuring that the benefits of economic growth reach more Nigerians.
“Our priority is to bring down the cost of living,” Tinubu said, explaining that the government would pursue the goal by reducing the cost of producing and transporting goods consumed by Nigerians.
He said the government would expand mechanised irrigation and dry-season farming, improve access to seeds and fertilisers, increase agricultural mechanisation and invest in storage and transportation.
Tinubu also linked lower consumer prices to improved infrastructure, saying the government was building and completing roads, railways and ports to connect farms and factories with markets.
He said reducing post-harvest losses, lowering manufacturers’ energy costs and improving the movement of goods would help bring down prices.
Tinubu targets millions of productive jobs
The President said job creation, enterprise and industrial development would be at the centre of the next phase of his economic programme.
He noted that millions of young Nigerians enter adulthood every year and said the government must turn the country’s youthful population into an engine of production and opportunity.
Tinubu pledged to use Nigeria’s natural gas resources to power industries, support the revival of factories, expand digital connectivity and provide young Nigerians with skills required by employers.
He also promised greater support for Nigerian businesses through infrastructure and access to finance.
“I want to see more Nigerians making things,” the President said, adding that he wanted Nigerian farms to supply domestic factories and Nigerian businesses to sell more goods internationally.
CNG expansion to reduce transport costs
The President also pointed to the expansion of Compressed Natural Gas (CNG) as part of the government’s strategy to reduce transportation costs following the removal of petrol subsidy.
He said more than 120,000 vehicles had been converted to CNG, with more than 400 certified conversion centres and over 90 CNG refuelling stations now operating across the country.
The government has also targeted lower fares on selected routes through the National Affordable CNG Transit Programme.
The Presidency said CNG and electric public transport services in parts of Borno were already carrying passengers for between N50 and N100, compared with commercial fares of about N300 to N600 on some routes. It also cited cheaper fares on the Suleja-Abuja route and subsidised electric-bus services in Abia.
However, concerns remain about the ability of CNG infrastructure and vehicle deployment to deliver nationwide reductions in transport costs.
Social protection for vulnerable Nigerians
Tinubu acknowledged that many Nigerians still face difficulties meeting basic needs, including food, education, healthcare and transportation costs.
He said the government would strengthen social protection programmes and improve the National Social Register to ensure assistance reaches vulnerable households.
The President also highlighted the Nigerian Education Loan Fund (NELFUND), which provides financing for students, and CREDICORP, which offers consumer credit for eligible Nigerians seeking to acquire assets such as vehicles, solar systems and digital devices.
He said the government would continue working with state and local governments to strengthen primary healthcare, basic education and essential public services.
Tinubu defends economic reforms
The President maintained that the economic reforms introduced since 2023 were necessary to address longstanding weaknesses rather than the cause of Nigeria’s economic difficulties.
He said Nigeria’s economy had grown by more than 4 per cent in 2026, while inflation had fallen from its peak, foreign reserves had been rebuilt and the foreign exchange market had stabilised.
Tinubu also said oil theft had declined and that Nigeria generated more than $6 billion in non-oil export revenue in 2025, which he described as the highest in the country’s history.
The President acknowledged, however, that the reforms had brought significant hardship to many households.
He said the government could not immediately erase problems that had accumulated over decades but could change the country’s economic direction by sustaining growth and creating millions of productive opportunities.
“The age of reform has done its work. Now begins the age of prosperity,” Tinubu declared.
The speech comes amid continuing concerns over food prices, transportation costs, unemployment, insecurity and household purchasing power.
While the government says its reforms have stabilised the economy and created the foundation for growth, concerns remain about poverty, governance and the pace at which economic improvements are reaching ordinary Nigerians.
Tinubu’s new economic agenda therefore places lower living costs, job creation, industrialisation, agricultural productivity and social protection at the centre of the next phase of his administration.
Independence Day: Tinubu Unveils Plan to Cut Living Costs, Expand Jobs
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