Five citizens and one association have forced one of the world’s most powerful groups to give way, at least for now. Deborah Esther Orji, Abayomi Olakunle Adebayo, Olamijulo Ayomide Ogunkilede, Kitan Bankole and Abiola Owoaje joined the organisation Laws and Rights Awareness Initiative to challenge the way Facebook and Instagram use their data. On 25 September 2026, Justice A.F. Pokanu of the High Court of Lagos State, sitting in Ikorodu, ruled in their favour.
The decision rests on two texts. Section 37 of the Nigerian Constitution guarantees respect for private life, and the Nigeria Data Protection Act passed in 2023 strictly regulates the processing of personal information. According to the judge, Meta breached both by tracking internet users’ behaviour to serve them targeted ads without a valid legal basis.
The whole debate turned on a simple question. Meta argued that its platforms are free, funded by advertising, and that every person who signs up accepts this arrangement by agreeing to the terms of service. Profiling would therefore be part of the contract. The court dismissed that reasoning: behavioural advertising is an ancillary commercial activity, not something necessary to deliver the service. In other words, a social network can be offered without tracking its members.
The practical consequences are specific. The company must end the processing found unlawful without delay, adopt remedial measures and file an affidavit of compliance within eight weeks, meaning by 20 November. On top of that come the naira equivalent of 100,000 dollars in general damages and one million naira in legal costs. The applicants had sought 100 million dollars in exemplary damages, a claim the judge rejected.
The sum awarded looks trivial for a group of this size. The real stakes lie elsewhere. Meta acknowledges having tens of millions of users in Nigeria, Africa’s largest digital market by population, and targeted advertising is the core of its revenue. Having to obtain explicit agreement, which many would refuse, would change the picture.
The group was therefore quick to respond. On 30 September, its lawyers lodged an appeal with the Court of Appeal. Three points will be examined there, according to the trade press: the validity of consent, the lawfulness of targeted advertising and transfers of data out of the country.
This dispute is part of an already strained relationship with the Nigerian authorities. In 2024, the Federal Competition and Consumer Protection Commission fined Meta and WhatsApp 220 million dollars, a penalty later upheld by a tribunal.
Beyond Nigeria, several African countries have adopted comparable personal data laws in recent years. If the Court of Appeal upholds the judgment, Kenyan, Ghanaian or South African associations will have a solid precedent for bringing similar actions. If it does not, terms of service will remain the pass that allows almost anything.