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Federal High Court in Abuja dismisses the Nollywood actor’s N10 billion suit over the alleged publication of his voter registration details on social media.
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Justice Salim Ibrahim upholds the respondents’ preliminary objections, ruling that the suit was incompetent and improperly constituted.
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Ike had accused Lere Olayinka, Senior Special Assistant to FCT Minister Nyesom Wike, and INEC of violating his fundamental right to privacy and protection of personal data.
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Olayinka and INEC denied wrongdoing, arguing that the information published was publicly accessible and that there was no breach of the electoral commission’s voter registration database.
October 28, (THEWILL) – The Federal High Court in Abuja has dismissed a N10 billion fundamental rights enforcement suit filed by Nollywood actor, Emeka Ike, against Lere Olayinka, Senior Special Assistant to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and the Independent National Electoral Commission (INEC) over an alleged breach of his privacy and personal data rights.
Justice Salim Ibrahim, in a judgment delivered on Wednesday, upheld the preliminary objections raised by the respondents on the grounds that the suit was incompetent and improperly constituted.
The judge also dismissed the substantive suit for lack of proof..
Ike had accused Olayinka of publishing his voter registration details on his X account without his consent, alleging that the action violated his fundamental right to privacy and the protection of personal data.
The suit, marked FHC/ABJ/CS/1272/2026, was filed by his lawyer, L. T. Adeh, with Olayinka and INEC listed as the first and second respondents, respectively.
THEWILL reports that the dispute followed a social media post by Olayinka in May, which allegedly contained details of Ike’s transfer of voter registration from Imo State to the Federal Capital Territory.
The controversy emerged as Ike pursued his political ambition to contest the House of Representatives seat for the Abuja Municipal Area Council (AMAC)/Bwari Federal Constituency in the 2027 general elections on the platform of the Nigeria Democratic Congress (NDC). He subsequently lost the party’s primary election.
Ike Alleges Violation of Privacy Rights
In his suit, the actor asked the court to declare that Olayinka’s publication of his voter registration information on X without his approval amounted to a gross breach 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, as the legal basis for his claims.
Ike also sought a declaration that INEC owed him and other registered voters a statutory duty of care to protect their personal information from unauthorised access and disclosure.
He prayed the court to award him N10 billion in aggravated and general damages against the two respondents, jointly and severally, for the alleged violation of his rights.
The actor further asked the court to declare that an INEC press release issued on June 2 in response to the circulation of his voter registration details on social media amounted to a tacit admission of guilt and liability.
He also sought an order directing Olayinka to immediately retract and remove the allegedly offensive publication from his X account, @OlayinkaLere, and tender an unreserved written apology for the alleged violation of his privacy rights.
INEC Denies Breach of Voter Registration Database
In its counter-affidavit, INEC urged the court to dismiss the suit, maintaining that the information complained about was neither classified, sensitive nor confidential.
The commission, through Anthonia Makwe, an assistant director and data protection officer in its Legal Drafting and Clearance Department, argued that the publication and display of voters’ information were carried out in accordance with the applicable electoral laws.
INEC maintained that it had statutory and constitutional powers to make certain information contained in the voters’ register available to the public without obtaining the consent of every registered voter.
It said its responsibilities included the compilation, maintenance, display, publication, certification and management of the register of voters in accordance with the 1999 Constitution, the Electoral Act, 2026, and the Nigeria Data Protection Act, 2023.
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The commission also denied that the information allegedly published by Olayinka originated from its systems.
It maintained that it had not breached its statutory duty to safeguard voters’ personal information held on its secured portal and restricted database.
INEC further stated that there had been no external breach of its Continuous Voter Registration (CVR) database, hacking incident or unauthorised external access to its information and communications technology infrastructure.
Olayinka Says Publication Contained Only Name, Photograph
Olayinka, in his counter-affidavit, also urged the court to dismiss the suit, arguing that Ike had failed to establish any legal basis for the reliefs sought.
He maintained that the document he published contained only the actor’s name and passport photograph, which he said were already in the public domain.
The FCT minister’s aide denied obtaining the information through unlawful means and argued that he owed Ike no duty of confidentiality in respect of information already publicly accessible.
Olayinka further contended that Ike had voluntarily submitted his personal details to INEC and presented himself to the public when he declared his intention to contest an election.
He argued that the circulation of the actor’s name and passport photograph could not, in the circumstances, constitute the violation alleged in the suit.
He also relied on Section 19(1) of the Electoral Act, 2026, which he cited as requiring INEC to publish the voters’ register not later than 90 days before a general election.
According to Olayinka, the publication followed an incident in which Ike allegedly led a group of hoodlums to an INEC office to disrupt the commission’s activities after declaring his intention to contest the election.
He said the post was intended to draw attention to Ike’s transfer of voter registration and remind the public of the relevant electoral provisions.
Olayinka also argued that he was not a data controller under the Nigeria Data Protection Act, 2023, and did not owe the actor an obligation to safeguard information held by INEC.
He described the N10 billion damages claim and other reliefs sought by Ike as lacking merit, insisting that he could not be held liable for publishing information that was already publicly accessible.
The respondents consequently urged the court to dismiss the suit.
Justice Ibrahim upheld their preliminary objections and dismissed the substantive action for lack of proof.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
