The Data Privacy Lawyers Association of Nigeria has issued a pre-action notice to the Nigeria Data Protection Commission (NDPC), threatening legal action over what it describes as an unlawful consent judgment that nullified a $32.8 million fine previously imposed on Meta Platforms, Inc.

In a letter dated December 15, 2025, the association, composed of data protection and privacy law practitioners, gave the NDPC 30 days to provide explanations or face litigation at the Federal High Court. The notice was signed by Emmanuel Okpara, Esq., Litigation and Compliance Director, and Mus’ab Awwal Mu’az, Esq., Secretary of the Association’s Steering Committee.

The controversy arises from a November 3, 2025, consent judgment by Justice J.K. Omotosho of the Federal High Court, Abuja, in Suit No: FHC/ABJ/CC/355/2025. This judgment set aside a Final Order previously issued by the NDPC under the Nigeria Data Protection Act (NDPA), 2023, which found Meta Platforms guilty of widespread violations affecting approximately 61 million Nigerians and imposed a $32.8 million remedial fine.

The NDPC had initially issued nine Final Orders against Meta, including the payment of the fine, following a petition filed on August 14, 2023, by the convener of the Personal Data Protection Awareness Initiative, Ozoemena Nwogbo.

However, under the Terms of Settlement agreed with Meta, the NDPC waived its right to enforce the Final Orders. The settlement stipulated that Meta would provide remedial measures to protect data subjects’ rights, while the NDPC would abandon enforcement of the $32.8 million fine and release Meta from related claims.

The Data Privacy Lawyers Association alleges that the consent judgment was entered unlawfully, without statutory authority, in violation of the NDPA, 2023, and contrary to Section 37 of the Constitution, which guarantees the right to privacy. The Association warned that the action undermines public interest, prejudices affected Nigerians, and violates federal law.

The pre-action notice seeks multiple reliefs from the Federal High Court, including:

• Nullification of the consent judgment on grounds of fraud, collusion, material non-disclosure, and lack of statutory authority.
• Declaration that the NDPC lacks authority to waive or compromise fines arising from NDPA violations.
• Restoration of the $32.8 million fine against Meta.
• Orders restraining enforcement or reliance on the consent judgment.

The Association urged the NDPC to provide a written explanation for the settlement, clarify the legal basis for waiving the fine, and remedy the issues raised. If no satisfactory response is received within 30 days, the Association intends to proceed with legal proceedings without further notice.

The development has sparked debate over regulatory independence, transparency, and whether public interest and state revenue were compromised in a settlement conducted behind closed doors.