Global messaging giant, WhatsApp, has vowed to mount a vigorous legal challenge against the recent ruling by Nigeria’s Competition and Consumer Protection Tribunal, which upheld a staggering $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC).
The platform, owned by tech behemoth Meta Platforms Inc., announced on Saturday that it would urgently seek a stay of the tribunal’s judgment and immediately file an appeal to prevent any disruption to its services and protect its millions of users.
In a statement reacting to the development, WhatsApp declared:
> “We are urgently applying to stay the order and appeal today’s decision to avoid any impact to users. WhatsApp relies on limited data to run its service and keep users safe, and it would be impossible to provide WhatsApp in Nigeria — or globally — without the infrastructure of our parent company, Meta.”
The company forcefully rejected the tribunal’s findings, accusing the FCCPC of issuing an order riddled with “multiple inaccuracies” and “misrepresentations” regarding how WhatsApp operates.
The tribunal’s three-member panel, led by Thomas Okosun, had earlier delivered a sweeping judgment in favour of the FCCPC, affirming the Commission’s investigative methods and conclusions after a 38-month probe conducted jointly with the Nigeria Data Protection Commission (NDPC) starting in 2020.
The panel ruled that the FCCPC acted within the ambit of the 1999 Constitution (as amended) and its statutory authority under the Federal Competition and Consumer Protection Act (FCCPA) of 2018. It dismissed critical arguments raised by WhatsApp and Meta, including allegations of unfair hearing and challenges to the FCCPC’s jurisdiction over data protection and privacy matters.
Though the Tribunal struck out Order 7 of the FCCPC’s final ruling for lacking sufficient legal backing, it nonetheless upheld the crux of the Commission’s case — concluding that Meta and WhatsApp’s privacy policies violated Nigerian laws and engaged in exploitative and discriminatory practices against Nigerian consumers.
In addition to reaffirming the colossal $220 million fine, the Tribunal also ordered Meta and WhatsApp to pay an extra $35,000 to cover the Commission’s investigation costs.
FCCPC Hails “Watershed Moment” for Consumer Protection
Speaking on the landmark decision, FCCPC Executive Vice Chairman/CEO, Tunji Bello, lauded the Tribunal’s ruling, describing it as a “watershed moment” for consumer protection efforts in Nigeria.
> “This decision reinforces our authority and validates the painstaking efforts of our legal team to protect Nigerian consumers. It sends a strong signal that even global tech giants must adhere to Nigerian laws,” Bello said in a statement issued by the Commission’s Director of Corporate Affairs, Ondaje Ijagwu.
The Commission’s legal team was led by Mr. Babatunde Irukera, while Meta and WhatsApp were represented by senior legal luminary, Professor Gbolahan Elias (SAN).
As WhatsApp gears up for an intense legal showdown, industry watchers say the case could have far-reaching implications, not only for the platform’s operations in Nigeria but also for global conversations around tech regulation, data privacy, and consumer rights in emerging markets.
The coming weeks promise a fierce courtroom battle as the messaging titan fights to overturn what it views as a dangerously flawed precedent — one that could alter the digital landscape in Africa’s largest economy.
PIONEER NEWS 