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Repair Windows errors before they cause bigger problemsFix Now →Scan for outdated or missing drivers - takes under a minuteDriver Scan →Meta has appealed a Lagos High Court ruling that rejected its reported reliance on standard service terms to justify behavioural advertising based on Nigerian users’ personal data. The decision is a first-instance judgment concerning the applicants in the case; no Court of Appeal ruling was reported by October 3, 2026.
What happened in the Lagos case
BusinessDay reported that Justice A.F. Pokanu of the Lagos High Court, Ikorodu Judicial Division, delivered the judgment on September 25, 2026, and that Meta filed a notice of appeal on September 30. The notice of appeal and any subsequent Court of Appeal order were not available in the reporting reviewed here, so the appeal’s grounds and current directions from the appellate court are not established.
The judgment copy itself was not available for independent review. Details below about its reasoning and orders are therefore attributed to BusinessDay and PPC Land, which reported on the decision, rather than presented as a check of the certified court record.
What the High Court reportedly ordered
BusinessDay reported that the court directed Meta to stop unlawful processing and profiling of the applicants’ data for behavioural advertising, take remedial steps to bring its Nigerian data-processing operations into compliance with the Nigeria Data Protection Act 2023, and file an affidavit of compliance within eight weeks of the judgment.
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The court reportedly awarded the applicants general damages equivalent to US$100,000 and ₦1 million in costs. It declined their request for exemplary damages. These are case-specific reported awards, not a general compensation amount for Nigerian Facebook or Instagram users.
Why the dispute is about more than whether the services are free
Platform operation versus advertising profiles
Meta’s reported position was that Facebook and Instagram are free services funded by advertising, and that users accept the company’s terms and privacy policy when they register. The judge reportedly distinguished processing needed to operate a social-networking service from profiling users and targeting them commercially. On that reasoning, the fact that advertising funds a free service does not by itself make behavioural profiling necessary to provide the service.
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PPC Land reported this excerpt from Justice Pokanu’s judgment: “I find and hold that the Respondent’s reliance on contractual necessity as a lawful basis for advertising-related data processing is fundamentally misconceived.” PPC Land also reported that the judge described behavioural advertising, profiling, cross-platform tracking and advertising analytics as ancillary commercial mechanisms rather than indispensable core services. Because the certified judgment was not available for verification, these quotations and descriptions should be understood as PPC Land’s account of the ruling.
What the reported consent reasoning means
PPC Land reported that the court said consent must be affirmative rather than based on a pre-selected confirmation, and that users must be told about their right to withdraw consent before agreeing. It also reported the judge’s concern that making acceptance of personalised tracking a condition of continued access could raise a serious issue under section 26 of the NDPA if that advertising processing is not objectively necessary to provide the social-networking service.
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This is the trial judge’s reported analysis, not a final appellate determination or a verified description of the choices currently presented in Meta’s Nigerian apps. The case raises whether consent is meaningful when a person must accept advertising-related processing to use a service, but the reported judgment does not establish a general, nationwide product rule for every Nigerian user.
Why international data transfers were also at issue
BusinessDay reported that the court rejected Meta’s argument that users effectively send their own information abroad simply by using its services. According to that account, the judge found that users do not decide where their information is routed, stored or processed, and that Meta remained responsible for meeting Nigeria’s international-transfer requirements. BusinessDay said the court found the transfers at issue contravened sections 41 to 43 of the NDPA.
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How this differs from the FCCPC and NDPC regulatory case
The Lagos applicants’ case is separate from the regulatory proceedings involving Meta and WhatsApp. The two matters differ in their parties, legal route and reported outcomes:
| Proceeding | What it concerned | Reported status and outcome |
|---|---|---|
| Lagos High Court case | Private applicants’ claims about processing their data, including behavioural advertising and international transfers. | September 25, 2026 first-instance judgment, reportedly including directions concerning the applicants’ data and an award of damages. Meta’s appeal filing was reported five days later. |
| FCCPC/NDPC regulatory proceedings | Regulatory investigation involving Meta and WhatsApp. | The FCCPC’s July 2024 final order directed the companies to let Nigerian users control use, processing, sharing or transfer of their data, and to restrict or withdraw consent without losing functionality or deleting the app. It also imposed a $220 million penalty. In an April 25, 2025 statement, the FCCPC said the Competition and Consumer Protection Tribunal upheld major aspects of the order and the penalty, while setting aside Order 7 for insufficient legal basis. The FCCPC described the investigation as a 38-month joint investigation with the NDPC. |
The regulatory penalty and order belong to that separate proceeding; they are not the source of the Lagos applicants’ damages award or the High Court’s reported directions.
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What Nigerian users can and cannot conclude now
The ruling is significant because it reportedly rejects the idea that accepting a platform’s standard terms automatically establishes contractual necessity or valid consent for advertising profiles. But its scope should not be overstated: the reported directions concern the applicants, and the appellate stage had not produced a reported decision by October 3, 2026.
Quick Recap
- The appeal filing does not, by itself, establish that the High Court’s directions were stayed or changed. No stay or variation was reported in the material available by October 3.
- The ruling does not establish that all Nigerian users can presently access Facebook or Instagram without personalised advertising, nor does the reporting verify a change to Meta’s Nigerian interfaces.
- The reported decision addresses both the legal basis for advertising-related processing and Meta’s responsibility for transfers; neither issue should be treated as finally settled nationwide while the appeal remains unresolved.
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