Human rights attorney and Senior Advocate of Nigeria, Mr. Femi Falana, has filed a lawsuit for $5,000,000 (Five Million US Dollars) in a Lagos High Court against Meta Platforms Inc., the American technology company founded by Mark Zuckerberg, alleging a breach of his privacy.
In the initial motion submitted under Section 37 of the 1999 Constitution (as amended) and sections 24(1)(A) and (E) & Section 34(1)(D) of the Nigeria Data Protection Act 2023, as well as Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules, 2009, his attorney, Olumide Babalola, accused the company of disseminating motion images and audio labeled “AfriCare Health Center,” suggesting that Falana has been diagnosed with a condition known as ‘Prostatitis.’ He contends that this constitutes a violation of his privacy rights as protected by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.
Falana asserts that the publication and video shared on the organization’s platform, www.facebook.com, are “false, inaccurate, misleading, and unfair to the Applicant,” thereby breaching the provisions of Section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023.
Consequently, the distinguished lawyer is seeking a court declaration that the “Respondents' ongoing publication of the Applicant's name, still and motion images, and alleged voice on a page and video titled ‘AfriCare Health Centre’ on their platform – www.facebook.com, which implies that the Applicant suffers from a disease known as ‘Prostatitis,’ constitutes an invasion of the Applicant's privacy as guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.”
Additionally, he is requesting the court to issue an order requiring the “Respondents to immediately remove, erase, and delete the video titled ‘AfriCare Health Centre’ from their platform – www.facebook.com.”
Falana is seeking general damages amounting to $5,000,000 (Five Million US Dollars) for the harm caused by the publication, along with any additional orders the court may find appropriate in this situation. He asserts that a false video regarding his health status, which pertains to his private life, has tarnished his reputation and the name he has built over the years.
Falana contends that the Respondent's publication, which he describes as false, offensive, and distressing, misrepresents him and has led to significant mental and emotional turmoil. The basis for the legal action is that, as a respected individual, he is entitled to the fundamental right to privacy as outlined in Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). He claims that the Respondents published his name and images while attributing a fictitious illness to him, thereby infringing upon his constitutional right to privacy and violating the Nigeria Data Protection Act 2023, resulting in emotional and psychological distress.
In the supporting affidavit, Falana emphasizes his reputation for engaging in fearless legal battles, often challenging government policies and actions that violate citizens' rights. His legal practice encompasses various areas, including constitutional law, civil rights, public interest litigation, and international human rights law. He further notes his recognition for defending freedom of expression, advocating for marginalized groups, and contesting governmental overreach.
Falana alleges that the Respondent operates a global social media platform, specifically www.facebook.com, and that on January 16, 2025, he discovered a video of himself posted on the Respondent’s platform under the page titled “AfriCare Health Centre,” which he has submitted as evidence.
He noted: “In video that carries my name, picture and purported video, I am reported to have said that: “My name is Femi Falana, and I have been battling prostatitis for over 16 years. At the age of 50, I was diagnosed with this condition. Every day I faced pain, discomfort and constant fatigue. I had trouble urinating lower back pain and other symptoms that made it difficult to live a full life. Despite consulting the best urologist in the country, no one could offer me effective treatment, I was prescribed numerous medications, physical therapy even surgery but the problem was that these methods only temporarily relived the symptoms.”
He formally objects to the wrongful publication of the Respondent's video, asserting significant prejudice due to the disclosure of private health information. He maintains he has never experienced prostatitis.
He averred that, “I have never had any dealing with the Respondent or its pages on issues with my health life.
The video and its contents are false, inaccurate, misleading and unfair to me. The video paints me in a false light and as such an invasion of my privacy.”
He asserted that the Respondent manages international platforms, where any content shared is accessible to millions globally. Consequently, the stories have reached a vast audience since their publication on the Respondent's platforms in January 2023.
He said, “For the purpose of this suit, I do not find these stories libelous but since they are false and fabricated against me, I find them offensive, reckless, insensitive, disturbing and unjustifiable intrusion into my privacy by painting me in a false light.
“By the video, the Respondent’s page has given me a publicity that paints me in false light as the insinuations in the video are false and they infringe my right to privacy right to be let alone.
“At the time of deposing to this affidavit, the video has been published to the entire world on the Internet, and it has remained there for several weeks.
“For their failure to verify the page and video before publishing, I believe the Respondent’s publicity of my name and image in a false light was done carelessly and recklessly to draw traffic to the Respondent’s platform to boost its advertisement revenues.
“I believe that the Respondents use of my name and image in the video is unfair and insensitive to my feelings since they never verified the claims as expected.
“I find the Respondents’ publicity of my photograph and name in a false light highly offensive and emotionally disturbing. This continues to cause me anxiety, sadness and exposure to ridicule.”
He accordingly petitioned the court for intervention to prevent reputational damage.