The Federal High Court in Abuja on Wednesday dismissed a N10 billion rights suit filed by the Nollywood actor, Emeka Ike, against Lere Olayinka, spokesperson for FCT Minister Nyesom Wike, and the Independent National Electoral Commission (INEC).
Judge Salim Ibrahim, in a judgement, upheld the preliminary objections of the respondents on the grounds that the suit was incompetent and improperly constituted.
Mr Ibrahim additionally held that suit lacked proof for its claims.
The News Agency of Nigeria (NAN) stories that Mr Ike, who aspired to vie for the House of Representatives’ seat for AMAC/Bwari Federal Constituency, Abuja, for the 2027 basic elections on the platform of Nigeria Democratic Congress (NDC), misplaced the bid in a major ballot.
Mr Olayinka, the FCT minister’s aide, via a submit on X in May, allegedly mocked Mr Ike and leaked his confidential voter registration particulars on social media, within the aftermath of the actor’s loss.
The submit allegedly confirmed particulars of Mr Ike’s voter registration switch from Imo State to the nation’s capital.
Meanwhile, Mr Ike, via his lawyer L. T. Adeh sued Mr Olayinka and INEC within the suit marked: FHC/ABJ/CS/1272/2026.
He requested the court docket to declare that Mr Olayinka’s determination to publish his database on X with out his approval “amounts to gross breach and violation of the applicant’s fundamental right to privacy and the protection of personal data.”
Mr Ike argued that Section 37 of the Nigerian structure, Article 12 of the Universal Declaration of Human Rights, and Sections 24 & 39 of the Nigeria Data Protection Act 2023 assured his proper to privateness and safety of private information.
The actor requested the court docket to declare that INEC owed him and different voters a “statutory duty of care” to guard their non-public information against unauthorised entry.
The applicant, due to this fact, prayed the court docket to award him N10 billion against Mr Olayinka and INEC as aggravated and basic damages, to be paid collectively and severally for violating his basic proper to privateness.
He sought a declaration that the press launch by INEC dated 2 June, in response to the viral publication and circulation of his private voter info and personal information on social media by Mr Olayinka, amounted to a tacit act of contrition and legal responsibility to him.
Mr Ike additionally sought an order directing Mr Olayinka to right away retract and pull down the offensive submit and publication on his social media X deal with, @OlayinkaLere, containing screenshots of his private voter info and personal information.
He sought an order directing him to right away tender an unreserved apology in writing for breach and violation of his basic proper.
But responding in separate counter-affidavits, INEC and Mr Olayinka urged the court docket to dismiss the suit.
INEC acknowledged that the topic of the submit complained about by Mr Ike within the suit was neither categorised, delicate nor confidential info.
In the counter-affidavit sworn by Anthonia Makwe, an Assistant Director/Data Protection Officer within the Legal Drafting and Clearance Department, stated that such info is displayed and printed in accordance with the Electoral Act, 2026.
It burdened that the electoral physique had the “statutorily and constitutional power to make available information of its voters to the general public without the consent of any registered voter.”
It stated its statutory accountability included the compilation, upkeep, show, publication, certification and administration of the register of voters in accordance with the structure of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2026, and the National Data Protection Act 2023.
It stated what was alleged to be posted by Mr Olayinka on his X deal with didn’t emanate from the fee.
“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 fee additionally acknowledged.
On his half, Mr Olayinka acknowledged in his counter-affidavit he personally swore, Mr Ike’s suit was introduced in unhealthy religion.
He stated the one info contained within the doc he printed was Mr Ike’s identify and passport {photograph}, and that the knowledge was already within the public area.
He stated opposite to Mr Ike’s claims, the knowledge he printed was not solely within the public area, it was additionally not accessed via any illegal means.
Mr Olayinka acknowledged that he didn’t owe the actor any obligation of care and confidentiality and didn’t require his consent to publish his identify and passport {photograph} that was already within the public area.
He stated Mr Ike, who introduced himself to contest election into the House of Representatives, can’t be traumatised by the circulation of his identify and passport {photograph} which he personally offered to the general public when looking for to contest election, and as a Nollywood star.
He argued that info provided in voter playing cards shouldn’t be non-public information as a result of by the availability of Section 19(1) of the Electoral Act, 2026, INEC is remitted to publish such info, not later than 90 days to the overall elections.
He stated opposite to Mr Ike’s deposition, the one info contained within the doc printed by him was his identify and passport {photograph}.
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He stated the publication was executed when Mr Ike led a crew of hoodlums to INEC workplace to disrupt INEC’s actions instantly he declared his intention to contest the election.
According to him, the publication was to remind him of the current change of his voter registration space.
He stated it was to additionally draw the general public’s consideration to the statutory provision to keep away from any breach of the regulation.
He stated opposite to Mr Ike’s submission, the applicant who submitted his private information and data to INEC and to most of the people when he determined to contest couldn’t really feel unsafe and traumatised by the publication of his identify and passport {photograph}.
Mr Olayinka stated opposite to Mr Ike’s declare, INEC admitted in its press launch that “there was no external breach of its CVR database, no hacking incident and no unauthorised external access to the commission’s ICT infrastructure.”
He argued that the purported harm suffered by Mr Ike was not attributable to him who shouldn’t be an information controller below the Nigerian Data Protection Act, 2023, and who doesn’t owe him any obligation to safeguard his paperwork.
Mr Olayinka acknowledged that the prayers within the suit, together with N10 billion in damages, was in unhealthy religion and “an indication that the applicant is a gold digger, who wants to reap where he did not sow.”
He insisted that he can’t pay damages for info that was already publicly accessible on the time of the publication.
He, due to this fact, urged the court docket to dismiss the suit within the curiosity of justice.
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