The Federal High Court in Abuja has heard arguments in a suit filed by Meta Platforms Inc. against the Nigeria Data Protection Commission (NDPC) over alleged breaches of users’ privacy rights on Facebook and Instagram.
The case stems from a petition by the Personal Data Protection Awareness Initiative (PDPAI), which accused Meta of engaging in behavioural advertising without obtaining the express consent of Nigerian users.
The NDPC had also alleged that Meta failed to file its 2022 compliance audit, violated cross-border data transfer regulations, and processed the personal data of individuals who are not users of its platforms.
However, Meta, through its lead counsel Prof. Gbolahan Elias, SAN, challenged both the Commission’s findings and its procedure, arguing that the company was denied fair hearing and due process.
In a motion filed on March 19, Meta maintained that the NDPC failed to give adequate notice or opportunity to respond before issuing its Final Enforcement Orders, describing the move as a violation of Section 36 of the Nigerian Constitution.
In response, NDPC’s counsel, Adeola Adedipe, SAN, urged the court to dismiss the suit, arguing that Meta’s originating summons and accompanying statements were inconsistent, rendering the case defective.
He also accused the company of attempting to substitute its original reliefs with new ones under the guise of amendment, contrary to court rules.
Meta’s legal team, however, filed a fresh motion on April 23 seeking leave to amend its statements to harmonise the reliefs already contained in its originating summons.
Presiding judge Justice James Omotosho had earlier granted Meta permission to commence judicial review proceedings, but refused to stay the enforcement of the NDPC’s orders.
After hearing submissions from both parties, Justice Omotosho adjourned the case to October 3, 2025, for a consolidated ruling on the NDPC’s preliminary objection and Meta’s motion to amend its filings.
