Falana Slams $5m Damages against US-based Meta over Alleged Privacy Invasion

Alex Enumah in Abuja

Lawyer and human rights activist, Mr Femi Falana, SAN, has slammed a $5 million suit against a United States of America-based organisation, Meta Platforms Inc., over alleged invasion of his privacy.

The suit filed at a High Court of Lagos State was brought pursuant to Section 37 of the 1999 Constitution (as amended) and section 24(1)(A) and (E) & Section 34(1)(D) of Nigeria Data Protection Act 2023, Order 2 Rule 1 Fundamental Rights Enforcement Procedure Rules, 2009.

Falana, in the suit filed by his lawyer, Olumide Babalola, alleged that the organisation invaded his privacy, when it published motion images and voice captioned: “AfriCare Health Center,” in their website to the effect that Falana has suffered a disease known as ‘Prostatitis’.

According to the rights activist, the publication constituted an invasion of his privacy as guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.

Besides, the senior lawyer submitted that the publication and the video as released through the organisation’s platform –www.facebook.com, was “false, inaccurate, misleading and unfair to the Applicant and thereby violates the provision of section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023.”
Among the reliefs he sought from the court was an order declaring that the “Respondent’s continued publication of the Applicant’s name, still and motion images and purported voice on a page and video captioned “AfriCare Health Centre on their platform – www.facebook.com to the effect that the Applicant suffered from a disease known as ‘Prostatitis constitutes an invasion of the Applicants privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999.”

He also prayed the court for an order mandating the “Respondent to forthwith remove, erase and delete the video captioned “AfriCare Health Centre on their platform – www.facebook.com.”

In addition, Falana urged the court to order the respondent to pay him the sum of $5 million as compensation for damages suffered as a result of the said publication and a consequential order that the court may deem fit to grant in the circumstance.

In the affidavit deposed to in support of the suit, the applicant claimed that the published false video about his health status, which was his private life, has rubbished his image and the name he built over the years.

He argued that the publication by the Respondent which was false, offensive and disturbing, painted him in a false light, that has caused him mental and emotional disturbances.