A Federal High Court in Abuja has dismissed Nollywood actor Emeka Ike’s N10 billion suit over an alleged breach of his privacy, ruling that the case was incompetent and lacked proof.
The suit was filed against Lere Olayinka, Senior Special Assistant to FCT Minister Nyesom Wike, and the Independent National Electoral Commission, INE, over the publication of Ike’s voter registration details on social media.
Justice Salim Ibrahim, in a judgment delivered on Wednesday, upheld the respondents’ preliminary objections, holding that the suit was improperly constituted before dismissing the substantive claims for lack of proof.
Ike, had in May, accused Olayinka of violating his right to privacy by publishing details of his transfer of voter registration from Imo State to Abuja on his X handle.
The actor sought N10 billion in general and aggravated damages against Olayinka and INEC, alleging that the publication violated his fundamental rights to privacy and protection of personal data.
In the suit, filed by his lawyer, L. T. Adeh, Ike argued that the publication breached Section 37 of the 1999 Constitution, Article 12 of the Universal Declaration of Human Rights, and Sections 24 and 39 of the Nigeria Data Protection Act, 2023.
He also asked the court to declare that INEC had failed in its statutory duty to protect voters’ personal information against unauthorised access.
The actor further sought a declaration that an INEC press release issued on June 2, following the circulation of his voter information on social media, amounted to a tacit admission of liability.
He also urged the court to order Olayinka to remove the post from his X account and tender a written apology.
But the respondents urged the court to dismiss the suit, maintaining that the information published did not amount to a breach of Ike’s privacy.
INEC, in its counter-affidavit, argued that the information in question was neither classified, sensitive nor confidential, adding that the publication and display of voter information fell within its statutory responsibilities.
The commission, through its Assistant Director and Data Protection Officer in the Legal Drafting and Clearance Department, Anthonia Makwe, said it had the statutory authority to make certain voter information available to the public without obtaining the consent of individual registered voters.
INEC also denied that the material published by Olayinka originated from its database, insisting that it had not breached its duty to protect voters’ personal information.
“The 2nd respondent, as a data controller, has never breached its statutory duty of care, custody and protection of personal voter information and data; it owes the applicant and other voters under its secured portal and restricted database,” the commission stated.
Olayinka, in his separate counter-affidavit, argued that the document he published contained only Ike’s name and passport photograph, which he said were already in the public domain.
He denied obtaining the information unlawfully and maintained that he owed the actor no duty of confidentiality in respect of the material.
The FCT minister’s aide also argued that Ike had made his identity and photograph public by declaring his intention to contest an election.
Olayinka further claimed that the publication was intended to draw attention to Ike’s transfer of voter registration and the relevant provisions of the Electoral Act, 2026.
He alleged that the publication followed an incident in which Ike led a group of people to the INEC office to disrupt its activities after announcing his political ambition.
Olayinka denied being responsible for any injury allegedly suffered by the actor, arguing that he was not a data controller under the Nigeria Data Protection Act, 2023, and therefore had no statutory obligation to safeguard Ike’s voter registration documents.
He urged the court to dismiss the suit, describing the claims for damages as being made in bad faith.
Ike had filed the suit after objecting to the circulation of his voter registration details, which he alleged exposed his personal information without his consent.
The actor had aspired to contest the AMAC/Bwari Federal Constituency seat in the 2027 general elections on the platform of the Nigerian Democratic Congress, NDC, but lost in the party’s primary election.
