Nigerian lawyer and rights activist, Femi Falana, SAN, has filed a $5 million (Five Million US Dollars) lawsuit before a Lagos High Court against the US-based Facebook’s parent company, Meta Platforms Inc., over an alleged invasion of his privacy.
In the originating summons, brought pursuant to Section 37 of the 1999 Constitution (as amended), Sections 24(1)(A) and (E) & 34(1)(D) of the Nigeria Data Protection Act 2023, and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009, Falana, through his lawyer, Olumide Babalola, accused the organisation of publishing motion images and a voice caption titled AfriCare Health Center on its website, falsely implying that he suffers from a medical condition known as prostatitis. The lawyer contends that this publication constitutes a breach of his privacy, as guaranteed under Section 37 of the Nigerian Constitution.
He alleged that the Respondent is a media company operating a global social media platform known as www.facebook.com. and that on the 16th day of January 2025, he discovered a video of his person was posted on the Respondent’s platform under the page named “AfriCare Health Centre” on Respondent’s platform – www.facebook.com. which he tendered as an Exhibit in the suit.
The senior Nigerian lawyer is praying the court for an order mandating the “Respondents to forthwith remove, erase and delete the video captioned “AfriCare Health Centre” on their platform – www.facebook.com.
For the damages the publication has caused him, Falana, was asking for a general damages in the sum of $5, 000, 000 (Five Million US Dollars) and a consequential order that the court may deem fit to grant in the circumstance.
Falana 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 lamented the wrongful publication that he has been greatly prejudiced by the video of the Respondent’s on the grounds that his health life is part of his private life and he has never suffered any disease known as ‘Prostatitis’ in his life.
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.”
“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.”
Falana therefore prayed the court for a rescue and save his image from being ruined.