The Data Privacy Lawyers Association of Nigeria has issued a formal pre-action notice to the Nigeria Data Protection Commission (NDPC), threatening to commence legal proceedings over what it described as an unlawful consent judgment that set aside a $32.8 million fine imposed on Meta Platforms, Inc.
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In a letter dated December 15, 2025, and addressed to the National Commissioner of the NDPC, the professional association of data protection practitioners gave the Commission a 30-day ultimatum to provide explanations or face litigation at the Federal High Court.
According to the pre-action notice signed by Emmanuel Okpara, Esq., Litigation & Compliance Director, and Mus’ab Awwal Mu’az, Esq., Secretary of the Association’s Steering Committee, the controversy centers on a consent judgment delivered on November 3, 2025, by Hon. Justice J.K. Omotosho in Suit No: FHC/ABJ/CC/355/2025 between Meta Platforms, Inc. and the Nigeria Data Protection Commission.
The Association stated that following investigations conducted pursuant to the Nigeria Data Protection Act, 2023, the NDPC had issued a Final Order against Meta Platforms, Inc., finding “widespread violations of the data protection and privacy rights of approximately 61 million Nigerians, and imposing a remedial fine in the sum of USD 32,800,000.”
However, the Association noted that the Final Order was subsequently set aside by way of Terms of Settlement, which were adopted by the Federal High Court as a consent judgment on November 3, 2025.
The Data Privacy Lawyers Association maintains that the consent judgment was entered into unlawfully on several grounds:
- Without lawful statutory authority
- In violation of the Nigeria Data Protection Act, 2023
- In derogation of the constitutional right to privacy guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)
- To the grave prejudice of millions of affected Nigerians and the public interest, as well as the Federal Government of Nigeria
The Association warned that unless the issues raised are urgently addressed within the statutory notice period, it will approach the Federal High Court to seek, among other reliefs:
1. Setting Aside the Consent Judgment: An order setting aside, vacating, and nullifying the consent judgment delivered on November 3, 2025, on grounds of fraud, collusion, material non-disclosure, lack of statutory authority, and violation of the Nigeria Data Protection Act, 2023.
2. Declaration of Nullity: A declaration that the consent judgment is null, void, unconstitutional, and of no legal effect.
3. Lack of Authority: A declaration that the Commission lacks statutory authority to waive, compromise, or extinguish liabilities, sanctions, and remedial fines arising from established violations of the Nigeria Data Protection Act, 2023.
4. Restoration of Fine: An order restoring and reviving the Final Order issued against Meta Platforms, including the remedial fine of USD 32,800,000.
5. Restraining Order: An order restraining further reliance on or enforcement of the consent judgment.
6. Additional Relief: Such further or other orders as the Honourable Court may deem fit in the interest of justice, public accountability, and the protection of constitutional rights.
In the interest of transparency, accountability, and avoidance of unnecessary litigation, the Association requested that the Commission:
- Provide a written explanation of the legal basis for entering into the Terms of Settlement
- Clarify the statutory authority relied upon to waive the remedial fine and set aside the Final Order
- Take steps to remedy the issues complained of
The letter constitutes the requisite pre-action notice under applicable law. The Association stated that unless the issues raised are satisfactorily addressed within 30 days from the date of receipt of the notice, it will proceed to institute legal proceedings without further recourse.
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