Data Privacy & Tech News

LAGOS — Meta Platforms, Inc. has officially moved to overturn a January 2026 High Court judgment that awarded $25,000 in damages to human rights lawyer Femi Falana (SAN). The case, which stems from a third-party video posted on Facebook, marks a significant legal battle over the boundaries of platform liability in Nigeria.

In a notice of appeal filed on April 10, 2026, Meta’s legal team, led by Mofesomo Tayo-Oyetibo (SAN), challenged the lower court’s decision to hold the tech giant responsible for content uploaded by a user account known as AfriCare Health Centre.


The Legal Dispute

The initial ruling by Justice O. A. Oresanya found Meta liable for a breach of data privacy, citing the Nigeria Data Protection Act (NDPA). However, Meta’s appeal outlines several grounds for why this decision should be quashed:

  • Jurisdictional Error: Meta argues the case is essentially about defamation, which should be handled as a tort, rather than a fundamental rights suit regarding privacy.
  • The “Agency” Argument: Meta is contesting the court’s use of the undisclosed principal doctrine, asserting there is no agency relationship between the platform and the third party who created the video.
  • Intermediary Status: The appellant maintains it is a neutral intermediary and not a Data Controller as defined by Section 24 of the NDPA, as it did not determine the purpose or means of the data processing in the video.

Procedural Challenges

The appeal also highlights procedural concerns, claiming the trial judge raised the issue of vicarious liability on his own (suo motu) without allowing Meta’s counsel to argue against it. Meta contends that it exercised no editorial control over the video and did not originate the content in question.

Current Status

Meta is asking the Court of Appeal to set aside the $25,000 award and strike out the original suit for lack of jurisdiction. As of now, the appellate court has yet to fix a date for the hearing.

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