The Federal High Court in Abuja has dismissed a ₦10 billion fundamental rights lawsuit filed by Nollywood actor Emeka Ike against Lere Olayinka, Senior Special Assistant on Public Communications to the Minister of the Federal Capital Territory, Nyesom Wike, and the Independent National Electoral Commission (INEC).
Justice Salim Ibrahim dismissed the suit on Wednesday after upholding preliminary objections filed by the respondents challenging the competence and proper constitution of the case.
The judge also dismissed the substantive suit for lack of proof.
Ike had accused Olayinka of violating his right to privacy by publishing his voter registration details on his X account in May.
The actor alleged that the publication exposed his personal information, including details concerning the transfer of his voter registration from Imo State to the Federal Capital Territory.
He subsequently filed the suit, marked FHC/ABJ/CS/1272/2026, through his lawyer, L.T. Adeh, seeking ₦10 billion in general and aggravated damages against the respondents.
Why Emeka Ike Filed the ₦10bn Lawsuit
In his suit, Ike asked the court to declare that publishing his voter registration details 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, in support of his claims.
The actor also sought a declaration that INEC owed him and other registered voters a statutory duty to protect their personal information from unauthorised access.
Additionally, Ike challenged INEC’s June 2 press statement issued in response to the circulation of his voter information on social media.
He asked the court to declare that the statement amounted to a tacit admission of guilt and liability.
The actor also sought an order compelling Olayinka to remove the disputed publication from his X account, @OlayinkaLere, and issue a written apology for the alleged violation of his rights.
However, the court ultimately dismissed the case after upholding the respondents’ preliminary objections and finding insufficient proof for the substantive claims.
What INEC Said About Emeka Ike’s Voter Information
INEC urged the court to dismiss the lawsuit, maintaining that the information at issue was neither classified, sensitive nor confidential.
In its counter-affidavit, the electoral commission argued that it had the legal authority to make certain information contained in the voters’ register available to the public.
The commission’s response was deposed to by Anthonia Makwe, an assistant director and data protection officer in its Legal Drafting and Clearance Department.
INEC maintained that it had the statutory and constitutional authority to make specified voter information publicly available without obtaining the consent of every registered voter.
The commission also cited its responsibilities under the Constitution, the Electoral Act, 2026, and the Nigeria Data Protection Act, 2023, concerning the compilation, maintenance, display, publication and management of the voters’ register.
It further denied that the information allegedly published by Olayinka originated from its database.
INEC insisted that it had not breached its duty to protect voters’ personal information within its secured portal and restricted database.
Olayinka Denied Violating Emeka Ike’s Privacy
Olayinka also denied wrongdoing, arguing that the document he published contained only Ike’s name and passport photograph, which he claimed were already in the public domain.
The FCT minister’s aide maintained that the information had not been obtained through unlawful means and argued that he owed the actor no duty of confidentiality requiring his consent before publication.
Olayinka further contended that Ike, as a public figure who had expressed an intention to contest an election, could not reasonably claim to have suffered trauma from the circulation of his name and photograph.
He also alleged that the publication followed an incident in which Ike led a group of hoodlums to INEC’s office to disrupt its activities after declaring his electoral ambition.
That allegation formed part of Olayinka’s defence and should not be treated as an established finding of the court.
According to the aide, his publication was intended to draw attention to Ike’s transfer of voter registration and the relevant electoral provisions.
Electoral Act Cited in Defence
Olayinka relied on Section 19(1) of the Electoral Act, 2026, arguing that INEC was required to publish the voters’ register within the period prescribed by law ahead of a general election.
He also cited INEC’s June 2 statement, which he said confirmed that there had been no external breach of the commission’s continuous voter registration database.
The statement, as quoted in his counter-affidavit, said: “There was no external breach of its CVR database, no hacking incident and no unauthorised external access to the commission’s ICT infrastructure.”
Olayinka argued that he was not a data controller under the Nigeria Data Protection Act, 2023, and therefore had no statutory obligation to protect Ike’s information in the manner alleged.
He urged the court to dismiss the lawsuit, maintaining that he should not be held liable for publishing information he claimed was already publicly accessible.
Olayinka Challenges ₦10bn Damages Claim
Olayinka rejected Ike’s demand for ₦10 billion in damages, describing the claim as being made in bad faith.
In his counter-affidavit, he criticised the demand and argued that the actor had failed to establish grounds for the compensation sought.
The respondents asked the court to dismiss the case, insisting that the publication did not amount to a violation of Ike’s fundamental rights.
Justice Ibrahim ultimately dismissed the suit after upholding the preliminary objections and also dismissed the substantive claims for lack of proof.
Emeka Ike’s Political Ambition
The lawsuit came amid Ike’s political ambition to contest the AMAC/Bwari Federal Constituency seat in the House of Representatives in the 2027 general elections.
The actor had sought the seat under the platform of the Nigerian Democratic Congress but lost the party’s primary election.
His voter registration details became the subject of controversy after Olayinka published information relating to the transfer of his registration from Imo State to the Federal Capital Territory.
Ike subsequently approached the court, alleging that the publication infringed his privacy and data protection rights.
The respondents disputed his claims, arguing that the information was publicly accessible and that the publication did not amount to an unlawful disclosure.
The court’s dismissal brings the lawsuit to an end at the Federal High Court level, although the provided account does not establish whether Ike intends to appeal the decision.
What the Court’s Decision Means
The Federal High Court’s decision means that Ike’s ₦10 billion damages claim was unsuccessful before the court.
The judge upheld the respondents’ preliminary objections and dismissed the substantive suit for lack of proof.
However, the decision should not automatically be interpreted as establishing that every publication of voter registration information is lawful in all circumstances.
Questions involving privacy, electoral records and personal data depend on the applicable legal provisions and the specific facts of each case.
The ruling concerned the claims and proceedings before the court. Any further legal developments would depend on subsequent action by the parties.