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Meta lists 22 reasons why Nigerian Tribunal should quash FCCPC’s $220 Million penalty

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WhatsApp and its Parent company, Meta, have filed an appeal with the Nigerian Competition and Consumer Protection Tribunal, seeking to overturn a $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC).

The company has laid out 22 reasons why the penalty, which followed a detailed investigation, should be overturned.

At the top of its argument, Meta says the FCCPC’s directives are not just vague but also technically unfeasible. The company argues that the requirements fail to consider the operational complexities of their services and are unsupported by Nigerian law.

Specifically, Meta and WhatsApp highlight that the FCCPC’s order to “immediately reinstate the rights of Nigerian users” is unclear and imposes an unrealistic burden.

Meta disputes the FCCPC mandate to halt data sharing with other Facebook entities and third parties, arguing it is inconsistent with legal standards and industry practices. It challenges the necessity and feasibility of the proposed “remedy package,” claiming the 15-day compliance period is insufficient.

In addition, Meta asserts that the FCCPC lacked the authority to enforce certain conditions, such as requiring prior approval of privacy policies, also pointing to procedural fairness, stating that they were not given adequate opportunity to contest the findings or calculations that led to the fine.

The reasons as listed for appealing the FCCPC’s $220 million penalty are:

  1. Vague Directives: The directive to “immediately reinstate the rights of Nigerian users” is considered excessively vague and creates uncertainty.
  2. Technical Impracticality: The FCCPC’s requirements do not account for the operational complexities of WhatsApp, making compliance burdensome and technically impossible within the timeframe.
  3. Ambiguous Privacy Policy Order: The order regarding the privacy policy is ambiguous, given that WhatsApp users can choose not to accept the Terms of Service.
  4. Unjustifiable Data-Sharing Order: The order to halt sharing user data with other Facebook companies and third parties is deemed unjustifiable and against industry standards.
  5. Lack of Legal Basis for Privacy Policy Approval: There is no legal requirement for privacy policies to be approved by the FCCPC or the Nigeria Data Protection Commission.
  6. 2016 Data Sharing Practices: The directive to revert to 2016 data-sharing practices lacks a legal basis.
  7. Unclear Data Transfer Blockage: Instructions to stop data transfer without explicit user consent are not clear.
  8. No Need for Written Assurance: The requirement for a written assurance to not infringe on consumer rights is unnecessary.
  9. Inadequate Remedy Package Timeframe: The 15-day period for implementing a proposed remedy package is inadequate.
  10. Investigation Cost Reimbursement: The order to reimburse the FCCPC $35,000 for investigation costs has no legal basis.
  11. Excessive Penalty: The penalty is hefty and was imposed without a fair hearing.
  12. Impossibility of Data Consent Mechanisms: Building a consent mechanism for each data point is deemed impossible and costly.
  13. Audit Without Personnel Presence: The FCCPC can conduct audits without Meta’s physical presence in Nigeria.
  14. No Need for Prior Approval: There is no power for the FCCPC to compel prior approval of privacy policy updates.
  15. Extended Implementation Time: Remedy packages require more time for implementation than provided.
  16. No Coercion of Consumers: There is no coercion or tying of products that forecloses competition.
  17. Meta Not Formally Investigated: Meta was not formally investigated by the FCCPC, which ordered Meta to produce information regarding WhatsApp.
  18. No Evidence Against Meta: There is no evidence to warrant treating Meta as a target of the FCCPC’s orders.
  19. Right to Fair Hearing: The appellants argue that their right to a fair hearing was violated.
  20. Lack of Opportunity to Query Penalty Calculation: Meta and WhatsApp were not allowed to challenge the penalty calculation.
  21. No Findings Against Meta: The Final Order lacks findings of fact or law against Meta.
  22. Unsigned Final Order: The penalty was imposed without signatures from the Executive Chairman or Vice Chairman of the FCCPC, questioning its legitimacy.

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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

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NCC Blames NOGASA for Abuja Outage

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Nigerian Communications Commission (NCC) has blamed the actions of the National Oil and Gas Suppliers Association (NOGASA), for the recent telecom blackout experienced in the Abuja area.

NCC Blames NOGASA for Abuja Outage

NCC

A statement issued on Friday by the Head, Public Relations, NCC, Mrs. Nnenna Ukoha, while acknowledging the challenges and impact of the degraded Quality of Service (QoS) in the area on subscriber experience, stated: “The challenges are a result of the activities of the National Oil and Gas Suppliers Association (NOGASA), which disrupted diesel supplies to sites with the attendant telecommunications services outages in Abuja.”

She however disclosed that the telecommunications sector regulator is committed to ensuring restoration of seamless communication services to the affected area, and all Nigerians at large, and recognizes the importance of reliable power supply for the provision of optimal telecommunication services.

“The Commission is collaborating with major stakeholders and licensees to address these challenges, largely caused by disruption to diesel supply affecting IHS Nigeria Limited, the colocation provider responsible for powering Airtel and MTN base stations in the affected areas.

“The NCC is actively engaging with relevant stakeholders to address the diesel supply issues and explore sustainable solutions.

“The Commission urges all parties to work together to collaboratively resolve these challenges swiftly by removing the diesel supply bottlenecks affecting critical telecommunications infrastructure, arising from NOGASA’s actions.

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“In the face of these challenges, we reiterate our commitment to fostering a conducive environment for the growth and sustainability of telecommunications services in Nigeria.

“We are taking proactive steps to facilitate dialogues between the impacted service providers and other stakeholders to promptly resolve the diesel supply concerns that have negatively impacted service quality.”

While assuring that the Commission remains dedicated to effectively managing the situation and will keep the public updated on progress towards restoring full telecommunication services in Abuja, Mrs. Ukoha appreciated subscribers for their patience.

“We thank telecommunications subscribers for their understanding and patience during this period and reaffirm our commitment to delivering high-quality telecommunications services nationwide,” she said.


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NITDA Charts Path for Kano as Innovation Hub

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Mallam Kashifu Inuwa Abdullahi, Director-General of the National Information Technology Development Agency (NITDA), has called for a fundamental shift in Kano State’s economic strategy, urging stakeholders to embrace innovation, technology and collaboration as the drivers of growth in the 21st century.

NITDA Charts Path for Kano as Innovation Hub

Mallam Kashifu Inuwa Abdullahi, Director-General of the National Information Technology Development Agency (NITDA)

This is contained in a press statement e-authored by the Director of Corporate Communications & External Relations at NITDA, Hajia Hadiza Umar.

Speaking at the Kano Startup Weekend, Mallam Abdullahi acknowledged Kano’s long-standing reputation as the commercial nerve centre of Northern Nigeria and the wider Sahelian region, noting that its history of trade, enterprise and human capital provided a solid foundation for future growth.

Abdullahi emphasised that while these strengths powered Kano’s success for centuries, the modern economy now offered even greater opportunities through innovation and technology.

He described innovation as the process of transforming ideas into impactful solutions through commercialization, stressing that when ideas were effectively deployed, they created value, solved societal challenges and generated sustainable economic growth.

He noted that Kano’s large market, strategic location and vibrant entrepreneurial culture placed it in a strong position to take advantage of innovation-driven opportunities.

According to him, “Innovation is the process of taking an idea from inception to impact. Invention on its own is a cost centre, but when you commercialise an idea, when you turn it into a product or service that solves a real problem and creates value, that is when you begin to drive economic growth and inclusion.”

He noted that the state hosted numerous degree-awarding institutions across federal, state and private ownership, providing a strong base for human capital development.

However, the NITDA DG expressed concern that these institutions often operated in isolation from industry, with research outputs rarely translating into commercial or industrial applications.

He explained that innovation did not happen in silos and stressed the need for a strong, interconnected ecosystem that brought together academia, industry, startups, entrepreneurs and government.

According to him, universities should conduct research informed by industry needs, industries should leverage research to improve productivity and competitiveness, and startups should serve as the bridge that converted ideas into market-ready solutions.

The NITDA boss further encouraged entrepreneurs to leverage technology to build businesses that could grow beyond local markets, explaining that innovation-driven enterprises had the power to scale rapidly, create jobs and position Kano competitively at both national and global levels.

According to him, digital platforms and emerging technologies now made it easier for startups to reach wider markets and develop solutions that were previously unimaginable.

“You can start your business here in Kano, but your thinking must be global from day one. Technology has removed barriers. With the right skills and platforms, a startup in Kano can build solutions that serve not just Nigeria, but the world,” he noted.

Highlighting NITDA’s ongoing interventions, its Director-General outlined the Agency’s commitment to building national innovation capacity through targeted human capital development programmes.

He cited the Digital Literacy for All (DL4ALL) initiative, which aimed to equip Nigerians across all segments of society with essential digital skills, and the 3 Million Technical Talents (3MTT) programme, designed to produce a pipeline of globally competitive technical professionals in areas such as software development, data analysis and emerging technologies.

He said, “Through DL4ALL, we are ensuring that Nigerians at all levels have the basic digital skills needed to participate in the digital economy, while 3MTT is deliberately building a pipeline of globally competitive technical talents who can drive innovation, create jobs and attract investment.”

Abdullahi explained that these programmes were key pillars of President Bola Ahmed Tinubu’s Renewed Hope Agenda, which prioritised skills development, innovation, job creation and inclusive economic growth as pathways to national prosperity.

According to him, empowering Nigerians with digital and technical skills was essential for building a resilient economy capable of competing in the global digital landscape.

“President Tinubu’s Renewed Hope Agenda is about investing in people, empowering them with relevant skills and creating opportunities for inclusive growth.

“At NITDA, we are using digital skills and innovation as tools to translate that vision into real economic impact for Nigerians,” he said.

The NITDA boss urged all stakeholders in Kano to work together to build a functional innovation ecosystem that could unlock the state’s vast potential and expressed confidence that with the right mindset, strong collaboration and sustained investment in digital skills and innovation, Kano could reclaim its historic leadership role and emerge as a major innovation and entrepreneurship hub in Nigeria and beyond.


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Minister Claims Bandits Exploit Poor Network, Bounce Calls Off Multiple Towers

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Bosun Tijani, minister of Communications, Innovation and Digital Economy, yesterday claimed that bandits and terrorists are able to communicate and coordinate their activities with ease because they exploit gaps in the country’s telecommunications network.

Minister Claims Bandits Exploit Poor Network, Bounce Calls Off Multiple Towers

Bosun Tijani, minister of Communications, Innovation and Digital Economy,

Tijani, who spoke  Politics Today, a Channels Television’s programme, on Friday, Tijani said the criminals exploit gaps in the country’s telecommunications network.

He also claimed the bandits use advanced technology to bounce calls across multiple towers in areas with poor connectivity.

“They weren’t using the normal towers; they bounced calls off multiple towers, which is why they favor areas that are largely unconnected,” he said.

When asked about reports that unregistered or fraudulently registered SIM cards are still in use despite the Bank Verification Number (BVN) and the National Identification Number (NIN)–Subscriber Identity Module linkage policies, Tijani said the issue is technically complex and the reports are not fully verified.

“Whether it’s fact or not, I do not know where you’re getting that from, and I do not know who has evidence that there are people with unregistered SIMs,” he added.

The minister stated that the federal government is investing in telecom towers in underserved regions, upgrading the country’s communication satellites to improve coverage, and expanding fiber-optic networks to strengthen the country’s digital infrastructure.

“If our towers are not working, our satellites will work. Nigeria is the only country in West Africa with communication satellites, and we are bringing new satellites to upgrade their capabilities,” Tijani said.

He added that these initiatives aim to ensure better connectivity for Nigerians while closing loopholes that criminals exploit, thereby enhancing national security.

The minister’s comments come amid rising concerns over insecurity in several parts of the North, where banditry, kidnapping, and terrorism have escalated in recent years.

There are also reports of bandits flaunting ransom payments on social media platforms such as TikTok, raising alarm among authorities and the public


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