The Federal High Court in Abuja has dismissed a ₦10 billion fundamental rights suit filed by Nollywood actor Emeka Ike against Lere Olayinka, Senior Special Assistant to the Minister of the Federal Capital Territory, Nyesom Wike, and the Independent National Electoral Commission (INEC) over the publication of his voter registration details on social media.
Justice Salim Ibrahim, in a judgment delivered on Wednesday, upheld preliminary objections raised by the respondents, ruling that the suit was incompetent and improperly constituted. The court also dismissed the substantive suit for lack of proof.
The News Agency of Nigeria reports that Ike had sought to contest the AMAC/Bwari Federal Constituency seat in Abuja in the 2027 general elections under the platform of the Nigerian Democratic Congress (NDC), but lost in the party’s primary election.
In May, Olayinka was alleged to have mocked the actor in a post on X containing details of his voter registration transfer from Imo State to the Federal Capital Territory.
Ike subsequently filed the suit, marked FHC/ABJ/CS/1272/2026, asking the court to declare that publishing his voter information without his consent violated 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, arguing that the provisions guaranteed his right to privacy and protection of personal information.
The actor also asked the court to declare that INEC had a statutory duty to protect voters’ personal data against unauthorised access. He sought ₦10 billion in general and aggravated damages against the respondents, jointly and severally.
Ike further asked the court to declare that an INEC press release dated June 2, issued in response to the circulation of his voter information, amounted to an admission of liability. He also sought an order compelling Olayinka to remove the post from his X account and issue a written apology.
However, INEC and Olayinka urged the court to dismiss the suit in separate counter-affidavits.
INEC argued that the information complained about was neither classified nor confidential, maintaining that the publication and display of voter information were carried out in accordance with the Electoral Act, 2026.
The commission said it had the statutory and constitutional authority to make certain voter information available to the public without obtaining the consent of every registered voter.
In a counter-affidavit deposed to by Anthonia Makwe, an assistant director and data protection officer in its Legal Drafting and Clearance Department, INEC maintained that it had not breached its duty to safeguard voters’ information held in its secured portal and restricted database.
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The commission also said the information allegedly published by Olayinka did not originate from it, adding that its press release had clarified that there was no external breach of its Continuous Voter Registration database, hacking incident or unauthorised external access to its information and communications technology infrastructure.
Olayinka, in his response, argued that the suit was brought in bad faith, insisting that the document he published contained only Ike’s name and passport photograph, which he said were already in the public domain.
He denied obtaining the information unlawfully and maintained that he owed the actor no duty of confidentiality regarding information that was publicly accessible.
Olayinka further argued that Ike had made his personal information available to the public when he declared his intention to contest an election and that the publication of his name and photograph could not reasonably be regarded as a violation of his privacy.
He also cited Section 19(1) of the Electoral Act, 2026, arguing that INEC was required to publish the relevant voter register ahead of a general election.
According to Olayinka, the post was intended to draw attention to Ike’s transfer of voter registration and highlight the relevant electoral provisions. He also alleged that the publication followed an incident in which Ike led a group of people to the INEC office to disrupt its activities after declaring his political ambition.
Olayinka denied being responsible for any injury allegedly suffered by the actor, arguing that he was not a data controller under the Nigeria Data Protection Act, 2023, and had no obligation to safeguard the documents in question.
He described the reliefs sought by Ike, including the ₦10 billion damages claim, as being made in bad faith and urged the court to dismiss the case in the interest of justice.