By Matthew Otabe
The Federal High Court in Abuja has dismissed a N10 billion suit filed by Nollywood actor Emeka Ike against Lere Olayinka, Senior Special Assistant on Public Communications and Social Media to FCT Minister Nyesom Wike, and the Independent National Electoral Commission (INEC) over the alleged publication of his voter registration details on social media.
Justice Salim Ibrahim, in a judgment delivered on Wednesday, upheld the preliminary objections raised by the respondents, ruling that the suit was incompetent and improperly constituted.
The judge also dismissed the substantive suit for lack of proof.
Ike had approached the court to seek N10 billion in aggravated and general damages over the alleged violation of his fundamental right to privacy and protection of personal data.
The suit, marked FHC/ABJ/CS/1272/2026, was filed by his counsel, L. T. Adeh, with Olayinka and INEC listed as the first and second respondents, respectively.
The dispute arose in May when Olayinka allegedly published Ike’s voter registration details on his X account, including information relating to the transfer of his voter registration from Imo State to the Federal Capital Territory.
The publication reportedly followed Ike’s aspiration to contest the AMAC/Bwari Federal Constituency seat in the 2027 general elections on the platform of the Nigerian Democratic Congress (NDC), a bid he subsequently lost in the party’s primary election.
In his application, the actor asked the court to declare that Olayinka’s publication of his voter information without his consent constituted a gross violation of his fundamental right to privacy and the protection of personal data.
He relied on Section 37 of the 1999 Constitution, Article 12 of the Universal Declaration of Human Rights, and Sections 24 and 39 of the Nigeria Data Protection Act, 2023.
Ike also sought a declaration that INEC had a statutory duty to protect his personal information and that of other registered voters against unauthorised access and disclosure.
He further asked the court to declare that an INEC press release issued on June 2 in response to the circulation of his voter information amounted to an admission of guilt and liability.
Among other reliefs, he sought an order compelling Olayinka to remove the publication from his X account, @OlayinkaLere, and tender a written apology for the alleged violation.
INEC, Olayinka Deny Wrongdoing
Both respondents opposed the suit and urged the court to dismiss it in its entirety.
INEC, in a counter-affidavit deposed to by Anthonia Makwe, an Assistant Director and Data Protection Officer in its Legal Drafting and Clearance Department, argued that the information complained about was neither classified, sensitive nor confidential.
The commission maintained that the publication and display of voters’ information were carried out in accordance with the Electoral Act, 2026, and other applicable laws.
It argued that it had the statutory and constitutional authority to make certain voter registration information available to the public without obtaining the consent of individual registered voters.
INEC also listed the compilation, maintenance, display, publication, certification and management of the voters’ register among its statutory responsibilities.
The commission denied breaching its duty to protect voters’ personal information, insisting that it had not suffered any external breach of its Continuous Voter Registration database, hacking incident or unauthorised external access to its information and communications technology infrastructure.
It further stated that the information allegedly published by Olayinka did not originate from the commission.
Olayinka, in his counter-affidavit, similarly denied violating Ike’s privacy, arguing that the document he published contained only the actor’s name and passport photograph, which he said were already in the public domain.
He maintained that he did not obtain the information through unlawful means and owed Ike no duty of confidentiality regarding information that was publicly accessible.
The presidential aide also argued that Ike had voluntarily made his identity and photograph public in connection with his political ambition and career as a Nollywood actor.
According to Olayinka, the publication was made after Ike allegedly led a group of hoodlums to the INEC office to disrupt the commission’s activities following his declaration of interest in the 2027 election.
He said the post was intended to remind Ike that he had recently transferred his voter registration area and draw public attention to the relevant electoral provisions.
Olayinka further argued that Section 19(1) of the Electoral Act, 2026, mandates INEC to publish the voters’ register within the period prescribed by law ahead of a general election.
He also contended that the alleged injury suffered by Ike could not be attributed to him because he was not a data controller under the Nigeria Data Protection Act, 2023, and had no statutory obligation to safeguard the actor’s voter registration documents.
Describing the reliefs sought as lacking merit, Olayinka urged the court to dismiss the action, insisting that he could not be held liable for publishing information that was already publicly accessible.
With the court’s dismissal of the suit, Ike’s claim for N10 billion in damages against Olayinka and INEC was unsuccessful.
FirmNews reports that the suit centred on the competing arguments over the privacy of voter registration information and the extent to which such information may be made publicly available.
