A Federal High Court in Abuja has dismissed a N10 billion suit filed by Nollywood actor Emeka Ike against the Senior Special Assistant to the FCT Minister, Lere Olayinka, and the Independent National Electoral Commission (INEC) over an alleged breach of his privacy.
Justice Salim Ibrahim delivered the judgment on Wednesday, holding that the case was incompetent, improperly filed and could not be entertained by the court.
The judge ruled that Ike failed to prove that his constitutional right to privacy had been violated by the respondents.
He said, “For an applicant to succeed in the enforcement of his fundamental right, he must clearly show how it occurred.”
Justice Ibrahim added that “The applicant had the burden to provide strong, convincing and credible evidence to support assertions, as vague or general assertions will not suffice.”
According to the court, the actor’s complaints were mainly about data protection and not the constitutional right to privacy guaranteed under Section 37 of the 1999 Constitution.
The judge said the Nigeria Data Protection Act (NDPA), 2023 was the appropriate law for such claims.
He stated, “From the processes filed on behalf of the applicant, I have not seen any of his inalienable right to privacy that has been breached.”
Justice Ibrahim also held that the action was wrongly commenced under the Fundamental Rights Enforcement Procedure instead of by a writ of summons because the case involved disputed facts.
He therefore ruled, “The notice of preliminary objection hereby succeeds, and this suit is accordingly dismissed.”
On Ike’s claim for N10 billion damages, the court held that there was no evidence that Olayinka or INEC breached any legal duty owed to the actor or caused him any proven loss.
The judge further observed that the damages sought were far above what the Nigeria Data Protection Act provides in cases involving data protection breaches.
He said, “The applicant cannot ask more than what the law prescribes.”
Justice Ibrahim concluded, “From the totality of facts before me, the applicant has not proved his case to warrant the relief sought… this case is hereby dismissed for lack of proof.”
The case arose after Olayinka allegedly shared details of Ike’s voter registration transfer on X in May following the actor’s unsuccessful bid for the Nigeria Democratic Congress (NDC) House of Representatives ticket for the AMAC/Bwari Federal Constituency ahead of the 2027 general election. Ike had asked the court to declare the publication unlawful and award him N10 billion in damages for the alleged violation of his privacy and personal data rights.