The Data Privacy Lawyers Association of Nigeria (DPLAN) has filed a motion seeking to stay the execution of a consent judgment entered on 3 November 2025 between Meta Platforms, Inc. and the Nigeria Data Protection Commission (NDPC), describing the settlement as opaque and prejudicial to the privacy rights of millions of Nigerians.
The dispute traces its origins to a 2023 petition submitted to the NDPC by the Personal Data Protection Awareness Initiative, a non-governmental organisation. The petition alleged large-scale misuse and unlawful processing of personal data by Meta, affecting an estimated 61 million Nigerians who use Facebook and Instagram.
Following an investigation, the NDPC found Meta liable for multiple violations of the constitutional right to privacy and several provisions of the Nigeria Data Protection Act, 2023. According to the Commission’s Final Order, the impact of Meta’s data processing practices on Nigerian citizens was extensive, a finding expressly stated in paragraph 1.6 of the Order now before the court.
As part of its enforcement action, the NDPC ordered Meta to remedy the identified violations and imposed a remedial fee of USD 32.8 million (Thirty-Two Million Eight Hundred Thousand United States Dollars), payable into the Federal Government’s coffers.
Meta subsequently approached the court to challenge the NDPC’s Final Order. While the parties filed preliminary responses, the matter was not determined on its merits. Instead, Meta and the NDPC later entered into terms of settlement, which were adopted by the court as a consent judgment.
Under the terms of settlement, the NDPC agreed to set aside its Final Order in its entirety and released Meta from all liabilities and obligations arising from the investigation. This included relieving Meta of the obligation to pay the USD 32.8 million remedial fee.
DPLAN contends that by entering into the settlement, the NDPC effectively deprived the Federal Government of significant revenue and undermined accountability for violations affecting tens of millions of Nigerians. The association further alleges that the settlement nullified official findings that confirmed widespread infringements of privacy rights.
In its motion for stay of execution, DPLAN argues that the consent judgment was obtained in circumstances marked by a lack of transparency, fraud and accountability, and without regard to the fundamental rights of the affected data subjects. The association also alleges that the setting aside of the Final Order amounts to the concealment and condonation of statutory violations, noting that breaches of the Nigeria Data Protection Act, 2023 constitute criminal offences under Nigerian law.
DPLAN has confirmed that it served the motion on counsel to the NDPC. However, according to the association, lawyers representing Meta declined to accept service of the court processes.
The motion is expected to come up for hearing in the coming weeks, as the court considers whether the consent judgment should be suspended pending a substantive review of its legality and its implications for data protection enforcement in Nigeria.
The case has drawn significant attention from civil society groups and privacy advocates, who view it as a critical test of regulatory independence, corporate accountability, and the protection of digital rights in Nigeria.
