The Data Privacy Lawyers Association of Nigeria (DPLAN) has issued a formal pre-action notice dated 15th, December, 2025 to the Nigeria Data Protection Commission (NDPC) over a consent judgment entered into with Meta Platforms, Inc., warning that it may institute legal proceedings if the matter is not resolved within 30 days.
The notice, dated December 15, 2025, challenges the legality of a consent judgment delivered on November 3, 2025, by the Federal High Court, Abuja, presided over by Justice J.K. Omotosho, in Suit No: FHC/ABJ/CS/355/2025 between Meta Platforms, Inc. and the NDPC.
The NDPC had earlier investigated Meta Platforms, Inc. pursuant to the Nigeria Data Protection Act (NDPA), 2023. That investigation reportedly culminated in a Final Order against Meta, which found “widespread violations of the data protection and privacy rights of approximately 61 million Nigerians.”
The Final Order imposed a remedial fine of USD 32.8 million on Meta. However, the NDPC subsequently entered into Terms of Settlement with the company, leading the Federal High Court to adopt those terms as a consent judgment, thereby setting aside the earlier Final Order.
DPLAN contends that the consent judgment was entered into without lawful statutory authority and in violation of the NDPA, 2023. The association further alleges that the settlement undermines the constitutional right to privacy guaranteed under Section 37 of the 1999 Constitution (as amended).
In its notice, DPLAN argues that the consent judgment was reached to the “grave prejudice of millions of affected Nigerians, the public interest, and the Federal Government of Nigeria.” It also maintains that the NDPC lacks the legal power to waive, compromise, or extinguish sanctions and remedial fines arising from established violations of the Act.
DPLAN, alongside the Personal Data Protection Awareness Initiative, and other affected persons, has indicated its intention to approach the Federal High Court to seek multiple reliefs. These include orders to set aside and nullify the consent judgment on grounds of fraud, collusion, material non-disclosure, lack of statutory authority, and violation of the NDPA.
The group is also seeking a declaration that the NDPC has no statutory authority to compromise liabilities imposed under the Act, as well as an order restoring and reviving the earlier Final Order, including the USD 32.8 million remedial fine.
As part of efforts to avoid litigation, DPLAN has formally requested that the NDPC 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 take steps to remedy the issues raised.