Facebook, NDPC to adopt settlement terms over $33 million sanction on Monday
The Nigeria Data Protection Commission and Meta Platforms, Inc., will, on November 3, adopt the terms of settlement in the dispute on the $32.8 million fine imposed against the latter by the regulatory agency.
Justice James Omotosho of the Federal High Court, Abuja Division, fixed the date following the inability of Meta’s lawyer, Fred Onuobia, SAN, to file the processes on time.
Mr Onuobia, on October 3, had informed the court of Meta’s plan to reconcile with the NDPC in the suit filed by the American multinational technology company, seeking to quash the regulatory agency’s sanction.
The lawyer had told the court that after Mr Omotosho had prepared to deliver a ruling on NDPC’s preliminary objection against the suit filed by Meta, the parent company of Facebook and Instagram.
Mr Onuobia begged the court to defer the ruling on the NDPC’s preliminary objection and the ruling on the motion for notice to amend their suit.
He told the court that the parties had reached an advanced stage of settlement in the case. He said the parties “are afraid” that the ruling might affect discussions on settlement.
After NDPC’s lawyer, Adeola Adedipe, confirmed Mr Onuobia’s submission, the judge fixed Friday (October 31) for either adoption of the terms of settlement or ruling.
On Friday, Mr Onuobia, who also appeared for Meta, informed the court that the parties had reached a settlement.
“We are happy to announce to my lord that the parties have reached a settlement,” he said
He, however, apologised to the court that though Meta had prepared to settle with NDPC, he was only able to file their documents this morning. He acknowledged breaching the court protocol for filing processes earlier than proceedings.
He said the development was due to circumstances beyond their control.
“We may ask for a standdown so that the copy for the court can be filed, my lord,” Mr Onuobia said.
However, the judge, who declined to grant the application for stand down, said he must thoroughly review the terms of the settlement before delivering his ruling on it.
The judge informed the lawyer that it had always been his practice to review processes filed before his court.
“There are instances that what is not in the claims will be included in the terms of the settlement. So I will have to read it,” he said.
Additionally, Mr Omotosho mentioned that he would also have an afternoon session where other matters would be addressed.
Mr Adedipe, in his response, thanked the judge for accommodating them.
The lawyer observed that the matter was earlier scheduled for a ruling on their objection, but the judge reconsidered it to give them the opportunity to explore reconciliation.
Mr Omotosho consequently adjourned the matter until November 3 at 12:00 p.m. for adoption of the terms of settlement.
