By Laniyan Aliyu
The Nigerian Communication Commission (NCC) is the country’s independent regulatory agency for the telecommunications industry. It was created under Decree 75 by the Federal Military Government of General Ibrahim Babangida on November 24, 1992 as one of the country’s over 20 regulators on various aspects of modern life. The NCC works to regulate and promote the growth of the telecommunications sector, creating an environment that fosters competition among telecommunications service providers.
It aims to ensure that telecommunications services are of high quality and efficiency across the country as it works to protect the interests of consumers in the sector, and encourage the use of information and communication technologies to drive economic and social development. Its mandate is established in the NCC Act 2003, which was signed into law by the civilian Government of Chief Olusegun Obasanjo on July 8 2003, after being passed by both houses of the National Assembly. This Act empowers the NCC to establish and enforce standards for telecommunications equipment in operation in Nigeria, and ensure they operate seamlessly within the country’s telecommunications environment.
But the Federal Competition and Consumer Protection Commission (FCCP) is the highest federal competition regulator in the country, and operates within the federal ministry of Industry, Trade and Investment. And is responsible for protecting market competition and promoting consumer protection.
The commission in fulfilment of its statutory mandate deploys tools to monitor and modify the behavior of service providers and manufacturers. It’s key areas of operation include compliant resolution, surveillance and enforcement, and consumer education as well as research and strategy. After 38 – month joint investigation of Tech firms in the country, the FCCPC stated in 2024 that major Tech companies operating in Nigeria should anticipate regulatory scrutiny from the commission.
In July that year, the FCCPC and Nigeria Data Protection Commission (NDPC), the FCCPC fined Facebook, the parent company of Meta, WhatsAPP and Instagram Platforms $220million for alleged violation of Nigerian data privacy and consumer protection laws.
In addition to the FCCPC fine, the NDPC equally fined Meta $32.8 million for anti – competitive practices, discriminatory and exploitative consumer data policies, and non- compliance with Nigerian laws. The Advertising Regulatory Council of Nigeria (ARCON) issued a separate $32.8 million penalty for unapproved advertising content, totaling $290 million.
The core dispute lies in Nigeria’s strict data protection requirements, reflecting a common concern of African nations about the undermining of ‘’data sovereignty’’ – whereby Africans’ data is moved overseas for commercial benefit, but out of the purview of African regulators.
The NDPC said that ‘’Meta’s data processing could expose Nigerian users to health and financial risks’’. And directed the company ‘’to add a visible link on its platforms for Nigerian users, leading to educational content about the risks of manipulative and unfair data practices’’. These videos, it said, will be developed in collaboration with approved NGOs and academic institutions.
Even the chief executive officer of the FCCPC, Adamu Abdullahi, reportedly said that Meta has engaged in ‘’invasive practices against data subjects in Nigeria’’ and demanded that they ‘’comply with the prevailing law and cease the exploitation of Nigerian consumers and their market abuse,’’ and submit a ‘’remedy package.’’ Meta sued the regulatory body and lost.
But a Competition and Consumer Protection Tribunal subsequently upheld the FCCPC’s fine after Meta appealed. A federal High court has now given the company until the end of June this year to pay the fines. Instead of paying the fines, the American Tech giant owned by Mark Zuckerberg is fighting back, saying that ‘’the Nigerian authorities have failed to properly interpret its own data laws’’. It affirmed that the fines and regulatory demands are ‘’unrealistic’’ and ‘’unfeasible.’’ The company, in its court documents, threatened to shut down Facebook and Instagram services in Nigeria, ‘’to mitigate the risk of enforcement measures.’’
A shutdown of Meta’s services could have far – reaching implications for digital access and online business in Nigeria. Facebook is a widely used social medium platform in Nigeria with tens of millions relying on it for communication, news and online business. Nigeria, reportedly has 49.8 million Facebook users, the second most in Africa after Egypt.
This dispute adds to a growing number of regional calls for fair taxation, data protection, and the promotion of local content in the digital economy. Uganda, Kenya, and other African countries are making similar efforts to increase tax revenue from online services.
Analysts, however, say that ‘’Meta’s uneven privacy practices across regions – such as offering stronger compliance in the European Union but having loser standards in Nigeria – validate the FCCP and NDPC’s findings,’’ insisting that the regulators have been ‘’substantially fair’’ to Meta.
Given the domineering and exploitative tendencies of foreign Tech giants, many now believe it is high time Africa nations created their own media platforms to protect their humanity and culture as black people because foreign platforms are increasingly becoming toxic to Africa’s productivity.
Aliyu writes from Kafanchan.
