Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana, has filed a $5,000,000 (Five Million US Dollars) lawsuit before a Lagos High Court against Meta Platforms Inc., the U.S.-based tech giant owned by Mark Zuckerberg, over an alleged invasion of his privacy.
In the originating motion, brought pursuant to Section 37 of the 1999 Constitution (as amended), Section 24(1)(A) and (E), and 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, Mr. Falana, through his lawyer, Olumide Babalola, accused the organization of publishing motion images and a voice recording captioned “AfriCare Health Center” on their website. The publication falsely claimed that Falana suffers from a disease known as ‘Prostatitis,’ which he asserts constitutes an invasion of his privacy as guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.
Falana contends that the publication and video released on www.facebook.com are “false, inaccurate, misleading, and unfair to the Applicant,” thereby violating the provisions of Section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023.
Consequently, Falana seeks a court declaration stating 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 suffers from a disease known as ‘Prostatitis’ constitutes an invasion of the Applicant’s privacy, guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.”
Additionally, he is requesting an order mandating the Respondent to “forthwith remove, erase, and delete the video captioned ‘AfriCare Health Centre’ from their platform—www.facebook.com.”
For the damages caused by the publication, Falana seeks general damages in the sum of $5,000,000 (Five Million US Dollars) and any consequential orders the court may deem fit to grant under the circumstances.
Falana claims that the false video about his health status, which pertains to his private life, has tarnished his image and the reputation he has built over the years. He argues that the publication by the Respondent is false, offensive, and disturbing, portraying him in a false light and causing him mental and emotional distress.
The grounds upon which the originating processes were instituted include the Applicant’s right to the enjoyment of fundamental privacy rights under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The Respondent’s publication of the Applicant’s name and images, ascribing a false illness to him, has violated his right to privacy, as guaranteed by the Constitution and the Nigeria Data Protection Act 2023, resulting in emotional and psychological distress.
In the affidavit supporting the motion, Falana asserts that he is known for his fearless legal battles, often taking on cases against government policies and actions that infringe upon citizens’ rights. His law practice covers a broad range of areas, including constitutional law, civil rights, public interest litigation, and international human rights law. He is recognized for defending freedom of expression, advocating for the rights of marginalized groups, and challenging governmental overreach.
He alleges that the Respondent, a media company operating the global social media platform www.facebook.com, posted a video of him on January 16, 2025, under the page named “AfriCare Health Centre.” This video was tendered as an exhibit in the suit.
In the video, which includes his name, picture, and purported voice, Falana is falsely reported to have said: “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 urologists in the country, no one could offer me effective treatment. I was prescribed numerous medications, physical therapy, and even surgery, but these methods only temporarily relieved the symptoms.”
Falana decries the wrongful publication, stating that he has never suffered from any disease known as ‘Prostatitis’ and that his health status is part of his private life. He affirms, “I have never had any dealings with the Respondent or its pages concerning my health. The video and its contents are false, inaccurate, misleading, and unfair to me. The video paints me in a false light and constitutes an invasion of my privacy.”
He claims that the Respondent operates global platforms, and anything published on these platforms can be accessed and viewed by millions of people worldwide. Since January 2023, the video has been viewed by millions.
Falana states, “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 an unjustifiable intrusion into my privacy by painting me in a false light.
“By the video, the Respondent’s page has given me publicity that paints me in a false light, as the insinuations in the video are false and infringe upon my right to privacy and my right to be left alone.
“At the time of deposing to this affidavit, the video has been published to the entire world on the Internet, remaining there for several weeks.
“Due to their failure to verify the page and video before publishing, I believe the Respondent’s publication of my name and image in a false light was done carelessly and recklessly to attract traffic to their platform and boost advertisement revenues.
“I believe that the Respondent’s use of my name and image in the video is unfair and insensitive to my feelings, as they never verified the claims as expected.
“I find the Respondent’s publication 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 therefore prays the court for relief to rescue and preserve his image from further damage.
