FCT Minister's aide, Lere Olayinka and Nollywood actor, Emeka Ike
A 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 the FCT Minister, Nyesom Wike, and the Independent National Electoral Commission (INEC).
Justice Salim Ibrahim, who delivered the judgment on Wednesday, upheld the preliminary objections filed by the two respondents and ruled that the suit was incompetent, improperly constituted and outside the court’s jurisdiction.
The judge held that Ike failed to establish that his constitutional right to privacy had been violated as claimed in the case.
According to him, “For an applicant to succeed in the enforcement of his fundamental right, he must clearly show how it occurred.”
Justice Ibrahim added, “The applicant had the burden to provide strong, convincing and credible evidence to support assertions, as vague or general assertions will not suffice.”
He explained that although the actor relied on Section 37 of the 1999 Constitution, his complaints were centred on data protection, which is specifically governed by the Nigeria Data Protection Act (NDPA), 2023.
The judge said, “From the processes filed on behalf of the applicant, I have not seen any of his inalienable right to privacy that has been breached.”
He further held that the suit was wrongly commenced through a fundamental rights enforcement procedure despite involving substantial disputed facts that should have been initiated by a writ of summons.
Justice Ibrahim therefore ruled, “The notice of preliminary objection hereby succeeds, and this suit is accordingly dismissed.”
On the request for N10 billion damages, the court held that Ike failed to prove that either Olayinka or INEC breached any legal duty owed to him.
The judge said there was no evidence of injury or loss to justify the award of damages and noted that the compensation sought exceeded what is provided under the Nigeria Data Protection Act.
He stated, “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. I hereby resolve the sole issue formulated by this court against the applicant, and this case is hereby dismissed for lack of proof.”
The suit followed a social media post allegedly made by Olayinka in May, which reportedly displayed details of Ike’s voter registration transfer from Imo State to the Federal Capital Territory after the actor sought the Nigeria Democratic Congress (NDC) ticket for the AMAC/Bwari Federal Constituency ahead of the 2027 general election.
Ike had asked the court to declare that the publication of his voter registration details without his consent violated his constitutional right to privacy and personal data protection and sought N10 billion in aggravated and general damages against Olayinka and INEC.
