Technology
NDPC Seeks Dismissal of Meta’s Suit Against $32.8m Fine
By Adedapo Adesanya
The Nigeria Data Protection Commission (NDPC) has asked a Federal High Court (FHC) in Abuja to dismiss, in its entirety, a suit filed by Meta Platforms Incorporated challenging the fine it imposed on the organisation.
The NDPC had on February 18, 2025, imposed a remedial fee of $32.8 million and eight corrective orders against the social media giant, which operates Facebook, WhatsApp, and Instagram.
The American multinational technology company was alleged to have violated the fundamental privacy rights of its Nigerian users with respect to behavioural advertising on Facebook and Instagram.
Dissatisfied with the action, Meta Platforms, in a motion ex-parte dated and filed on February 26, dragged the regulatory agency to court as sole respondent.
In the motion ex-parte marked: FHC/ABJ/CS/355/2025 and moved by Mr Fred Onuofia (SAN) on March 4, Justice James Omotosho granted one of the two orders sought.
The judge had granted leave to Meta to commence proceedings by way of judicial-review seeking, inter alia, an order of certiorari quashing the compliance and enforcement orders dated February 18 issued by NDPC against the company, “and all other investigations, proceedings and actions taken by respondent against the applicant leading to the Final Orders.”
He, however, refused to grant Meta’s relief seeking a stay of the proceedings of all matters relating to the “Final Orders” issued by NDPC against it, pending the hearing and determination of the judicial review proceedings.
Instead, the judge made an order of accelerated hearing of the suit.
The firm, in its originating summons filed by the lead counsel, Mr Gbolahan Elias, wants the court to determine whether NDPC’s investigative process and ensuing compliance and enforcement orders (the Final Orders) issued on February 18 were invalid, null and void.
Meta, in its application dated and filed March 19, hinged the question on the allegation that the commission failed to provide it with adequate notice or an opportunity to be heard on alleged violations of the NDP Act prior to issuing the Final Orders.
Meta argued that such action violated its due process rights, including its right to fair hearing under Section 36 of the 1999 Constitution (as amended), among other reliefs.
But NDPC, in a preliminary objection to Meta’s suit, told the court that the suit is incompetent and the court lacks the jurisdiction to entertain same.
The regulatory agency, in its application dated April 10 and filed April 11 by its lawyer and the head, Alpha & Rohi Law Firm, Mr Adeola Adedipe (SAN), urged the court to either strike out or dismiss the case.
Mr Adedipe, in two grounds of argument, submitted that the originating summons filed by the company is incompetent for non-compliance with the mandatory provision of Order 34 Rule 6(1) of the FHC (Civil Procedure) Rules, 2019.
He also argued that the suit, as presently constituted, is grossly incompetent and academic, the reliefs sought therein, not being capable of activating the jurisdiction of the court.
“The suit is liable to be struck out/dismissed, in limine,” Mr Adedipe argued.
The NDPC, in the affidavit attached to the preliminary objection, stated that by an ex-parte motion, Meta Inc. filed the case.
The commission said that the company had filed the suit, seeking leave to apply for judicial review against the decision of the respondent taken on February 18.
It averred that there was a statement made pursuant to Order 34 of the Rules of the court, supporting the said application, containing the company’s two reliefs.
It said the court granted permission on March 4 for Meta to commence the proceeding, by way of judicial review.
According to the respondent, the originating summons filed by the plaintiff was commenced on 19th March, 2025, 15 days after leave was granted for the judicial review proceedings to be commenced.
NDPC, however, contended that the reliefs contained in the originating summons were completely different from the reliefs contained in the statement filed to support the ex-parte application for judicial review.
The commission also said it would be in the interest of justice for its objection to be sustained.
Also, in a counter affidavit deposed to by NDPC ‘s staff, Mr Osunleye Olatubosun, in opposition to the originating summons filed by Meta on March 19, he said the suit was brought under the judicial review procedure, primarily, to contest the decision of his office against Meta.
Mr Olatubosun averred that in the NDPC‘s decision, Meta was sanctioned after a protracted and thorough process of investigation.
He said the investigative power of the commission was activated by a petition written by an organisation, the Personal Data Protection Awareness Initiative (PDPAI).
The PDPAI had alleged that the company breached the data protection rights of users of Facebook and Instagram.
He averred that in the said petition, the plaintiff was alleged to be engaging in behavioural advertising without obtaining explicit consent of data subjects (users).
He said compelling evidence were provided in support of the petition, revealing Meta’s private policy showing that it conducted behavioural advertising, without obtaining consent from the data subjects.
Mr Olatubosun said during investigation, NDPC drew the company’s attention to some very disturbing violations in this regard, especially as to non-consensual data processing activities.
He said these included the disclosure of sensitive personal data of minors relating to their sex lives; sensitive personal data of minors involving drug use; and sensitive personal data of minor pupils in school, involving erotic dancing.
He said it also revealed sponsored advertisements on gambling, involving the manipulated personal data of a female journalist on TVC; sponsored advertisement on gambling involving the manipulated personal data of a male journalist on Channels TV; and manipulated personal data of public figures, conspiring to commit a felony; explicit video of a woman delivering a child, with her genitals in full display, etc.
He said Meta was, therefore, found in breach of certain provisions of the Nigeria Data Protection (NDP) Act, and that its promotion of debasing images outside the expectation of concerned data subjects offended the principles of fairness, lawfulness, transparency, accountability and duty of care.
Besides, the officer said failure of the company to file a compliance audit with the commission for the year 2022, was a breach of the NDP Act.
He equally said that cross border transfer of data by Meta, contravened mandatory requirements under the NDP Act.
Mr Olatubosun, who said that it was wrong for the plaintiff to process the data of its non-users of it platforms, added that Meta’s privacy policy violates relevant provisions of the NDP Act.
Against these development, the officer said the commission ordered the firm to, henceforth, “seek express consent of data subjects in Nigeria, where their personal data for behavioural advertising will be process.
“Carry out Data Processing Impact Assessment, taking into account the democratic development of Nigeria; update its privacy policy; cease and desist from transferring data out of Nigeria without approval of the commission, in line with the NDP Act.
“Create an appropriate icon link for educative videos, on the dangers of manipulative, unlawful and unfair data processing; put in place sufficient measures for the protection of data privacy on its platforms; and payment of 32, 800, 000 USD.”
Mr Olatubosun said that the case lacks merit, praying the court to dismiss it.
Meanwhile, other reliefs sought by Meta in the main suit, include whether NDPC’s initiation of its investigation, based on a petition submitted by an organisation, rather than on a complaint filed by a “data subject” (as defined under Section 65 of NDPA), invalidates the investigation and the Final Orders.
It also prayed the court for an order of certiorari, quashing the investigation, all proceedings constituted thereby, as well as the ensuing Final Orders issued by the commission against it.
It equally sought an order of injunction restraining NDPC from enforcing or taking steps to enforce any or all of the orders and/or intimidating, harassing or coercing the applicant to pay the purported remedial fee as contained in the Final Orders.
However, Meta, in a motion on notice filed on April 23, sought to amend its statement attached to the ex-parte application, having seen through the notice of preliminary objection which was filed by Mr Adeola Adedipe, SAN, on behalf of the commission.
Mr Onuofia while adopting all their processes, said the motion sought an order granting leave to the company to amend its statement pursuant to Order 34, Rule 3(2)(a) of the FHC rules.
He said it also sought an order deeming the amended statement, which had already been filed and served on NDPC as having been properly filed and served.
Giving grounds why his application should be grated, Mr Onuofia said on March 4, the court heard and granted their motion ex-parte for leave.
He said, thereafter, Meta filed it originating summons on March 19.
The lawyer, however, told the judge that the firm sought to amend the wording of the reliefs and grounds set out in the statement to replicate the wording used in the originating summons.
He said the decision was to ensure efficiency and the full and fair hearing of the issues arising in the originating summons.
According to him, the proposed amended statement highlights the amendments that the applicant seeks permission to make to the statement.
Mr Onuofia said the requested amendment would not cause any injustice to NDPC.
On his part, Mr Adedipe opposed Mr Onuofia’s prayer seeking an amendment, urging the court to dismiss the application.
The senior counsel told the court that a counter affidavit was filed on May 2 in opposition to the motion and argued that the application was presumptuous and misleading.
He submitted that an amendment of a process is not as of right, but entirely at the discretion of the court, where such is practicable and lawful to do so.
Justice Omotosho adjourned the matter until October 3 for consolidated ruling on the preliminary objection and motion to amend.
By Adedapo Adesanya
Organisations in 2026 face a cybersecurity landscape markedly different from previous years, driven by rapid artificial intelligence adoption, entrenched remote work models, and increasingly interconnected digital systems, with experts warning that these shifts have expanded attack surfaces faster than many security teams can effectively monitor.
According to the World Economic Forum’s Global Cybersecurity Outlook 2026, AI-related vulnerabilities now rank among the most urgent concerns, with 87 per cent of cybersecurity professionals worldwide highlighting them as a top risk.
In a note shared with Business Post, Mr Danny Mitchell, Cybersecurity Writer at Heimdal, said artificial intelligence presents a “category shift” in cyber risk.
“Attackers are manipulating the logic systems that increasingly run critical business processes,” he explained, noting that AI models controlling loan decisions or infrastructure have become high-value targets. Machine learning systems can be poisoned with corrupted training data or manipulated through adversarial inputs, often without immediate detection.
Mr Mitchell also warned that AI-powered phishing and fraud are growing more sophisticated. Deepfake technology and advanced language models now produce convincing emails, voice calls and videos that evade traditional detection.
“The sophistication of modern phishing means organisations can no longer rely solely on employee awareness training,” he said, urging multi-channel verification for sensitive transactions.
Supply chain vulnerabilities remain another major threat. Modern software ecosystems rely on numerous vendors and open-source components, each representing a potential entry point.
“Most organisations lack complete visibility into their software supply chain,” Mr Mitchell said, adding that attackers frequently exploit trusted vendors or update mechanisms to bypass perimeter defences.
Meanwhile, unpatched software vulnerabilities continue to expose organisations to risk, as attackers use automated tools to scan for weaknesses within hours of public disclosure. Legacy systems and critical infrastructure are especially difficult to secure.
Ransomware operations have also evolved, with criminals spending weeks inside networks before launching attacks.
“Modern ransomware operations function like businesses,” Mitchell observed, employing double extortion tactics to maximise pressure on victims.
Mr Mitchell concluded that the common thread across 2026 threats is complexity, noting that organisations need to abandon the idea that they can defend against everything equally, as this approach spreads resources too thin and leaves critical assets exposed.
“You cannot protect what you don’t know exists,” he said, urging organisations to prioritise visibility, map dependencies, and focus resources on the most critical assets.
By Adedapo Adesanya
In a consultation paper released to the public, the commission said it is seeking input from stakeholders, including telecom operators, tech companies, legal experts, and the general public, on proposed revisions designed to reposition Nigeria’s telecommunications framework to match current digital demands. Submissions are expected by March 20, 2026.
The NTP 2000 marked a turning point in Nigeria’s telecom landscape. It replaced the 1998 policy, introducing full liberalisation and a unified regulatory framework under the NCC, and paved the way for the licensing of GSM operators such as MTN, Econet (now Airtel), and Globacom in 2001 and 2002.
Prior to the NTP, the sector was dominated by Nigerian Telecommunications Limited (NITEL), a government-owned monopoly plagued by obsolete equipment, low teledensity, and poor service. At the time, Nigeria had fewer than 400,000 telephone lines for the entire country.
However, the NCC noted that just as the 1998 policy was overtaken by global developments, the 2000 framework has become structurally misaligned with today’s telecom reality, which encompasses broadband, 5G networks, satellite internet, artificial intelligence, and a thriving digital economy worth billions of dollars.
“The rapid pace of technological change and emerging digital services necessitate a comprehensive update to ensure the policy continues to support economic growth while protecting critical infrastructure,” the Commission stated.
The review will target multiple chapters of the policy. Key revisions include: Enhancements on online safety, content moderation, digital services regulation, and improved internet exchange protocols; a modern framework for satellite harmonisation, coexistence with terrestrial networks, and clearer spectrum allocation to boost service quality, and policies to address fiscal support, reduce multiple taxation, and lower operational costs for operators.
The NCC is also proposing entirely new sections to the policy to address emerging priorities. Among the key initiatives are clear broadband objectives aimed at achieving 70 per cent national broadband penetration, with a focus on extending connectivity beyond urban centres to reach rural communities.
The review also seeks to formally recognise telecom infrastructure, including fibre optic cables and network masts, as Critical National Infrastructure to prevent vandalism and enhance security.
In addition, the commission is targeting the harmonisation of Right-of-Way charges across federal, state, and local governments, alongside the introduction of a one-stop permitting process for telecom deployment, designed to reduce bureaucratic delays and lower operational costs for operators.
According to the NCC, the review aims to make fast and affordable internet widely accessible. “The old framework was largely voice-centric. Today, data is the currency of the digital economy,” the commission said, highlighting the need to close the urban-rural broadband divide.
The consultation process is intended to gather diverse perspectives to ensure the updated policy reflects current technological trends, market realities, and consumer needs. By doing so, the NCC hopes to maintain the telecommunications sector’s role as a key driver of economic growth and digital inclusion.
By Adedapo Adesanya
The Minister of Communications, Innovation and Digital Economy, Mr Bosun Tijani, says the Nigerian government is assessing MTN Group’s acquisition of IHS Towers to ensure the deal aligns with Nigeria’s telecommunications development goals.
On Tuesday, MTN Group said it has agreed to acquire the remaining 75.3 per cent stake in IHS Holding Limited in an all-cash deal valued at $2.2 billion. The deal will be funded through the rollover of MTN’s existing stake of around 24 per cent in IHS, as well as about $1.1 billion in cash from MTN, roughly $1.1 billion from IHS’s balance sheet, and the rollover of no more than existing IHS debt.
Mr Tijani, in a statement, said the administration of President Bola Tinubu has spent the past two years strengthening the telecom sector through policy clarity, regulatory support, and engagement with industry stakeholders, boosting investor confidence and sector performance.
“Recent financial results from key operators show improved profitability, increased investment in telecoms infrastructure, and operational stability across the sector,” he said.
“These gains reflect the resilience of the industry and the impact of government reforms.”
The minister added that telecommunications infrastructure is critical for national security, economic growth, financial services, innovation, and social inclusion.
“We will undertake a thorough assessment of this development with relevant regulatory authorities to review its impact on the sector,” Mr Tijani said.
He added that the review aims to ensure market consolidation or structural changes, protect consumers, safeguard investments, and preserve the long-term sustainability of the telecom industry.
Mr Tijani also said the government remains committed to maintaining a stable and forward-looking policy environment to keep Nigeria’s telecommunications sector strong and sustainable, in line with the administration’s broader digital economy vision.
Upon completion, the transaction will see MTN transition from being a minority shareholder in IHS to a full owner. It will also see IHS exit from the New York Stock Exchange and become a wholly owned subsidiary of MTN.
For MTN, the deal represents a decisive shift as data demand surges and digital infrastructure becomes increasingly strategic with a booming digitally-oriented youth population on the continent.
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