Court dismisses Emeka Ike’s N10bn suit against Wike’s aide, INEC

The Federal High Court in Abuja on Wednesday dismissed a N10 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 dismissed the suit after upholding preliminary objections by the respondents that it was incompetent and improperly constituted.

The judge also dismissed the substantive case for lack of proof.

The suit, marked FHC/ABJ/CS/1272/2026, arose from a May publication by Olayinka on his X account, which Ike alleged exposed his confidential voter registration information, including details of the transfer of his registration from Imo State to Abuja.

The News Agency of Nigeria (NAN) reports that Ike had sought to contest the AMAC/Bwari Federal Constituency seat in the 2027 general elections on the platform of the Nigerian Democratic Congress (NDC), but lost the party’s primary election.

In the suit filed by his lawyer, L. T. Adeh, Ike argued that the publication of his personal 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 provisions of the Nigeria Data Protection Act, 2023.

The actor also sought a declaration that INEC had a statutory duty to protect voters’ personal information against unauthorised access.

He asked the court to award him N10 billion in general and aggravated damages against the two respondents, jointly and severally.

Other reliefs sought included an order directing Olayinka to remove the disputed publication from his X account, tender a written apology and a declaration that INEC’s June 2 press statement in response to the controversy amounted to an admission of liability.

INEC, aide oppose suit

In separate counter-affidavits, INEC and Olayinka urged the court to dismiss the suit.

INEC maintained that the information complained about was neither classified nor confidential and argued that the disclosure and publication of voters’ information were governed by the Electoral Act, 2026.

The commission said its statutory responsibilities included compiling, maintaining, displaying, publishing and managing the register of voters in accordance with the Constitution, the Electoral Act and the Nigeria Data Protection Act.

In a counter-affidavit deposed to by Anthonia Makwe, an assistant director and data protection officer in its Legal Drafting and Clearance Department, the commission denied breaching its duty to protect voters’ personal information held in its secured portal and restricted database.

INEC also stated that the material allegedly published by Olayinka did not originate from the commission.

It further maintained that there had been no external breach of its continuous voter registration database, hacking incident or unauthorised external access to its information and communications technology infrastructure.

Olayinka, for his part, argued that the publication contained only Ike’s name and passport photograph, which he said were already in the public domain.

He denied obtaining the information through unlawful means or owing the actor a duty of confidentiality in respect of the material published.

The FCT minister’s aide also contended that the publication was made after Ike allegedly led a group of hoodlums to an INEC office to disrupt its activities following his declaration of interest in the election.

According to Olayinka, the post was intended to draw attention to Ike’s transfer of voter registration and the relevant provisions of the electoral law.

He further argued that Ike’s decision to seek elective office meant that his name and passport photograph were already publicly associated with his political ambition.

Olayinka denied being responsible for any injury allegedly suffered by the actor and maintained that he was not a data controller under the Nigeria Data Protection Act, 2023, with responsibility for safeguarding the documents in question.

He urged the court to dismiss the suit, describing the damages claim as unfounded.

Court rejects claim

In dismissing the suit, Justice Ibrahim upheld the respondents’ preliminary objections on the grounds that the action was incompetent and improperly constituted. The judge also dismissed the substantive claim for lack of proof.

The judgment brings the N10 billion claim to an end at the trial court, although any further legal steps by the parties would depend on their decisions following the ruling.