The Federal High Court in Abuja has dismissed a N10 billion fundamental rights suit filed by Nollywood actor Emeka Ike against Lere Olayinka, Senior Special Assistant to FCT Minister Nyesom Wise, and the Independent National Electoral Commission, INEC.
Justice Salim Ibrahim, in a judgment on Wednesday, upheld the respondents’ preliminary objection, ruling that the suit was incompetent, improperly constituted and unsuitable for determination through an originating motion.
The judge held that the court lacked jurisdiction to entertain the suit in its present form.
Ike had accused Olayinka of violating his right to privacy by allegedly publishing his confidential voter registration details on social media without his consent.
Justice Ibrahim said an applicant seeking the enforcement of fundamental rights must provide credible and convincing evidence to establish the alleged violation.
“The applicant had the burden to provide strong, convincing and credible evidence to support assertions, as vague or general assertions will not suffice,” he said.
The judge noted that Ike based his claim on Section 37 of the 1999 Constitution, as amended, which protects the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications.
However, he held that the actor’s claims were more appropriately addressed under the Nigeria Data Protection Act (NDPA), 2023.
Justice Ibrahim said the legislation specifically addressed data protection and privacy concerns, adding that Ike’s claims and supporting documents were more consistent with an alleged breach of data protection than a violation of his fundamental rights under Section 37 of the Constitution.
“From the processes filed on behalf of the applicant, I have not seen any of his inalienable right to privacy that has been breached,” the judge said.
He added that if the constitutional right to privacy sufficiently covered data protection, there would have been no need for separate legislation specifically addressing the issue.
The judge also faulted Ike’s choice of procedure for commencing the suit.
He explained that originating summons or motions were unsuitable for cases involving substantial disputes of facts, which required determination through a writ of summons.
“In the instant case, the disputed facts are quite substantial, and the action is quite hostile and contentious,” he said.
Justice Ibrahim held that the disputed facts could not be properly resolved through affidavit evidence and ruled that the suit had been commenced through an improper procedure.
Also Read: INEC opposes Emeka Ike’s N10bn privacy suit
He also noted that Ike failed to present arguments addressing the preliminary objection to jurisdiction raised by INEC.
The judge consequently upheld the preliminary objection and dismissed the suit.
On the substantive suit, Justice Ibrahim held that Ike failed to establish his claims against the respondents or demonstrate that they breached any duty owed to him.
The actor had sought N10 billion in aggravated and general damages for the alleged violation of his right to privacy and protection of personal data.
However, the judge said Ike failed to establish a breach of duty by either Olayinka or INEC.
“Once injury and loss have not been proved, then damages cannot be awarded. Therefore, the issue of damages goes to no issue,” he said.
Justice Ibrahim also noted that Section 48 of the NDPA, 2023, provides for penalties of N10 million or two per cent of an organisation’s annual gross revenue in the preceding financial year, as applicable under the relevant provisions.
He said the applicant could not claim damages beyond what the law prescribed.
The judge concluded that Ike had failed to prove his case and dismissed the suit for lack of proof.
Emeka Ike aspired to contest the AMAC/Bwari Federal Constituency seat in the 2027 general elections on the platform of the Nigeria Democratic Congress but lost in the party’s primary election.
In May, Olayinka allegedly mocked the actor in a post on X that reportedly contained details of his voter registration transfer from Imo State to Abuja.
Ike subsequently filed the suit, marked FHC/AB/CS/1272/2026, through his lawyer, Leonard Adeh.
He asked the court to declare that Olayinka’s publication of his voter registration details without his consent violated his fundamental right to privacy and protection of personal data.
The actor relied on Section 37 of the 1999 Constitution, Article 12 of the Universal Declaration of Human Rights, and Sections 24 and 39 of the NDPA, 2023, in seeking the N10 billion damages jointly and severally against Olayinka and INEC.
NAN
