Court Rejects Emeka Ike’s N10bn Data Privacy Suit Against Wike’s Aide, INEC

A Federal High Court in Abuja has dismissed a N10 billion fundamental rights enforcement suit filed by Nollywood actor Emeka Ike against Lere Olayinka, an aide to the Minister of the Federal Capital Territory, Nyesom Wike, and the Independent National Electoral Commission (INEC) over the alleged disclosure of his voter registration details on social media.

Justice Salim Ibrahim dismissed the suit after upholding preliminary objections by the respondents, who challenged its competence and the manner in which it was instituted.

The judge also dismissed the substantive case, ruling that Ike failed to provide sufficient evidence to establish the alleged violation of his rights.

The suit stemmed from a May publication by Olayinka on his X account, which Ike alleged exposed confidential information about his voter registration, including details of the transfer of his registration from Imo State to Abuja.

Ike had sought to contest the AMAC/Bwari Federal Constituency seat in the 2027 general elections on the platform of the Nigerian Democratic Congress (NDC), but lost the party’s primary election.

Delivering judgment, Justice Ibrahim held that an applicant alleging a violation of fundamental rights must clearly demonstrate how the infringement occurred and support the claim with compelling evidence.

“For an applicant to succeed in abuse of his fundamental rights, he must clearly show how it occurred,” the judge said.

He added that Ike failed to discharge the burden of proof required to substantiate his allegations.

The judge also distinguished between a violation of fundamental human rights and an alleged breach of data privacy, holding that the latter was not appropriately addressed through the fundamental rights enforcement procedure adopted by the actor.

“The alleged data breach is not incidental to abuse of his (Emeka Ike’s) fundamental human rights,” Justice Ibrahim said.

He maintained that the claims and arguments presented by Ike centred on the protection of personal information rather than a demonstrable violation of his fundamental rights.

“The applicant’s claim would have been perfectly accommodated under the Data Protection Act 2023 based on his claims and argument,” the judge added.

On the actor’s demand for N10 billion in general and aggravated damages, Justice Ibrahim held that compensation could not be awarded without proof of injury or loss.

“Once injury and loss have not been proved, then damages cannot be awarded,” he said.

The judge also referred to the provisions of the Nigeria Data Protection Act 2023 while addressing the damages sought by the applicant.

In the suit, Ike had sought a declaration that INEC had a statutory obligation to protect voters’ personal information from unauthorised access and disclosure.

He also asked the court to order Olayinka to delete the disputed publication from his X account and issue a written apology.

Additionally, the actor sought a declaration that INEC’s June 2 press statement responding to the controversy amounted to an admission of liability.

Ike had asked the court to hold both respondents jointly and severally liable for N10 billion in damages over the alleged breach of his privacy.

However, the court rejected his claims, finding that he had failed to establish the necessary grounds for the reliefs sought.

Meanwhile, Ike’s lawyer, Leonard Adeh, has indicated that the judgment would be appealed.