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Alleged Privacy Invasion: Court Rules In Falana’s Favour, Awards $25,000 As Damages Against Meta
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The Lagos High Court at the Tafawa Balewa Square area of Lagos has awarded the sum of $25, 000 as damages in favour of Femi Falana (SAN), in the $5,000,000 lawsuit against Meta Platforms Inc., the U.S-based tech giant owned by Mark Zuckerberg, over alleged invasion of his privacy.
In a judgment delivered on Tuesday, Justice Olalekan Oresanya held that a global technology company such as Meta, which hosts pages for commercial benefit, owes a duty of care to persons affected by content disseminated on its platform.
Falana, through his lawyer, Olumide Babalola, had accused Meta of publishing motion images and voice captioned, “AfriCare Health Centre,” on their website to the effect that he suffered a disease known as ‘Prostatitis’ which constitutes an invasion of his privacy as guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999.
The suit was also filed pursuant to Section 24(1)(A) and (E) & Section 34(1)(D) of the Nigeria Data Protection Act 2023, Order 2 Rule 1 Fundamental Rights Enforcement Procedure Rules, 2009.
Falana said that the published false video about his health status has rubbished his image and the name he built over the years. He also argued that the publication by the respondent, which is false, offensive, and disturbing, paints him in a false light, which has caused him mental and emotional disturbances.
In its judgement, the court rejected the notion that platforms can rely solely on “hosting” or “intermediary” arguments where the platform monetises content, and harm from misinformation is reasonably foreseeable.
For Falana’s lawyer, Olumide Babalola, this issue reinforced a platform accountability standard under Nigerian law, which aligns with emerging global jurisprudence.
The court also found that “the fact that the applicant is a public figure does not rob him of his right to privacy”. The publication of false medical information was found to intrude into the claimant’s private life, regardless of his public standing.
Babalola said that this finding settles an important misconception in Nigerian practice and affirms that health data enjoys heightened protection, even for public figures.
The Court also found that Meta determines the means and purposes of processing content; monetises pages and controls distribution algorithms; and therefore acts as a joint data controller with page owners. Accordingly, Meta was held vicariously liable for the offensive video.
Babalola said, “This is a major development under the NDPA and weakens the ‘mere platform’ defence traditionally relied upon by Big Tech”.
The Court further held that Meta breached Section 24 of the NDPA, having processed personal data that was inaccurate, harmful, lacking a lawful basis, and unfair to the learned Senior Advocate. The False health information was held to be unlawful processing per se.
The Court emphasised that where the risk of inaccuracy is foreseeable, especially in relation to sensitive personal data, a platform owes a heightened duty to ensure accuracy and integrity, meaning that Meta failed to deploy adequate safeguards to prevent or mitigate harm.
As a global technology company with advanced resources, Meta was expected to implement effective content review mechanisms, rapid takedown processes, and safeguards proportionate to the risk posed by misinformation. Its failure to do so amounted to regulatory non-compliance.
Hon. Dr. Olotu Akpodiete JP, who’s vying for the Ughelli North, South and Udu Federal Constituency seat in the House of Representatives, has sent his congratulations to Rt. Hon. Frederick Agbedi. Agbedi’s new role as Minority Leader was announced today during plenary by Speaker Rt. Hon. Tajudeen Abbas.
Dr. Akpodiete said Agbedi’s emergence shows the trust and confidence his colleagues have in him. He described the new Minority Leader as dependable, strong-willed, and a politician of principle who acts on conviction rather than convenience.
Rt. Hon. Agbedi represents Sagbama/Ekeremor Federal Constituency in Bayelsa State. Before this appointment, he led the PDP Caucus in the House and also served as Bayelsa PDP chairman. He remains a committed PDP member and believes the party has a vital role as a strong opposition.
Akpodiete said he’s confident Agbedi will use his experience, competence and character to serve the House, the legislature, and Nigerians well.
Signed:
Hon. Dr. Olotu Akpodiete JP
House of Representatives Candidate Hopeful
Ughelli North, South and Udu Federal Constituency
Presidential candidate of the Nigerian Democratic Congress (NDC), Peter Obi has said the number of governors supporting President Bola Tinubu will not decide the outcome of the 2027 election.
The former Anambra State governor stated in an interview on Nooire TV that political power comes from the people and not just from elected leaders.Politics
He said his performance in the 2023 presidential election showed that a candidate can win states even without the backing of governors.
The former Labour Party (LP) presidential candidate recalled that he secured victory in 12 states during the last presidential election and claimed that the number could have been higher if not for what he described as problems during the voting process.
The NDC candidate also spoke about the growing support around President Tinubu ahead of the next election, saying political alliances among governors should not be seen as the main factor that will determine who wins.
According to Obi, the major issue in the 2027 election should be the condition of Nigerians and how leaders plan to improve the lives of citizens.
He said the country’s challenges, including hunger, poor education, and healthcare problems, should receive more attention than political arrangements among powerful individuals.
He said: “It doesn’t matter whether 36 governors are with the president. I didn’t have one governor in the last election, and I won 12 states. Even after they have taken two from me, I won 12 states. By making Abuja a state, we now have 37 states, because that is what the judgment of the Supreme Court showed. Rabiu Kwankwaso won one state, Kano. APC, PDP, and Labour all won 12 states each.
“It doesn’t matter whether they took all the governors, I’ll still win. What is important is how to make Nigeria work for the poor. A Nigeria where tribe, ethnicity, and religion will not be the issue. The issue will be about the welfare of the people, the education of the people, and the health of the people. Nigerians are hungry today. Nigerians are looking for food.”
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Emilia Godwin, a Nigerian has narrated a painful account of her experience in South Africa, alleging that her husband was killed there and declaring that she will never return to the country.
Godwin made the remarks shortly after arriving in Nigeria as part of a group of citizens repatriated from South Africa following recent tensions and xenophobic attacks targeting foreign nationals.
Speaking with journalists at the Murtala Muhammed International Airport in Lagos, she expressed relief at finally returning home and described her arrival in Nigeria as the end of a long and difficult chapter of her life.
‘I Am Happy to Be Back Home’
According to Godwin, life in South Africa had become increasingly challenging for many Nigerians, whom she claimed were often subjected to discrimination, intimidation and hostility.
“I am now in my country and I have my mouth to speak,” she said.
She alleged that Nigerians frequently faced harassment in public places and were often treated unfairly because of their nationality.
“They are wicked; they don’t like us. If you enter a taxi, they mock you, pull you and beat you,” she claimed.
Claims of Discrimination Against Nigerians
Godwin further alleged that many foreigners living in South Africa, particularly Nigerians, often felt powerless and unable to speak out against the treatment they experienced.
According to her, fear and insecurity forced many migrants to endure difficult conditions while trying to build better lives abroad.
“We were just like slaves there. We didn’t have a mouth to talk,” she said.
The returnee expressed gratitude to the Nigerian government for facilitating the evacuation process and helping affected citizens return home safely.
‘I Will Never Go Back’
Reflecting on her years in South Africa, Godwin revealed that she first moved to the country in 2014 but began experiencing concerns about her safety and wellbeing a few years later.
She explained that despite wanting to leave earlier, circumstances prevented her from returning to Nigeria until the recent evacuation exercise.
“I will never go back to South Africa,” she said.
She added that even her child, who was born in South Africa, would not be returning to the country.
“Even my child, who was born there, will never return,” she stated.
Emotional Account of Husband’s Death
Godwin also recounted the loss of her husband, alleging that he was killed while they were living in South Africa.
While she did not provide detailed information about the circumstances surrounding his death, she described the incident as one of the most painful experiences of her life.
The grieving woman further made allegations against some individuals in South Africa, claiming that her husband’s death was connected to personal and property-related disputes.
However, her claims have not been independently verified by authorities.
Growing Concerns Over Xenophobic Attacks
Her testimony comes amid renewed concerns over xenophobic violence in South Africa, where foreign nationals have periodically reported attacks, harassment and discrimination.
In recent years, several incidents involving migrants from different African countries have sparked diplomatic concerns and calls for stronger protections for foreign residents.
The latest evacuation exercise was organised following reports of renewed tensions that left many Nigerians fearful for their safety.
For Godwin, returning to Nigeria represents an opportunity to rebuild her life after years marked by loss, uncertainty and hardship.
Despite the trauma she says she endured, she expressed hope that her future and that of her child would be safer and more secure in their home country.
Akpodiete Hails Rt. Hon. Fred Agbedi on Appointment as House Minority Leader
If All The 36 Governors are backing Tinubu Victory Will still be mine in 2027– Peter Obi
Repatriated Lady Narrates Husband’s Killing in South Africa, Vows Never to Return
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