The Federal High Court in Abuja has dismissed a ₦100 million suit filed against First City Monument Bank over an alleged breach of privacy and unauthorised processing of personal data.
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Justice M.S. Liman delivered the judgment on July 14, 2026, holding that the applicant, Anyakora Onyedika Araka, failed to prove by credible and convincing evidence that FCMB deliberately or recklessly violated his constitutional rights or unlawfully processed his personal information in a manner that would justify the reliefs sought.
Araka, through his counsel, Ahmed Ayomide, Esq., had dragged the bank before the court, seeking declaratory and injunctive reliefs, as well as ₦100 million in damages, over the alleged opening of a bank account in his name without his knowledge, consent or authority.
He alleged that FCMB processed his personal data, including his Bank Verification Number, email address and other personal information, to create and operate the account, thereby violating his constitutional right to privacy and the provisions of the Nigeria Data Protection Act, 2023.
The applicant further claimed that the alleged conduct caused him emotional distress, reputational injury and apprehension of possible financial fraud.
However, FCMB, through its counsel, Babatunde Ige, Esq., denied liability and told the court that once the complaint was received, the bank activated its internal complaint resolution mechanism, investigated the matter, discovered irregularities surrounding the account and permanently closed it.
The bank maintained that it acted in good faith, did not exploit the applicant’s information for any unlawful purpose and derived no benefit from the disputed account.
Delivering judgment, Justice Liman observed that courts would not hesitate to grant constitutional and statutory remedies, including substantial compensatory damages, where evidence establishes deliberate misuse of personal information, reckless disregard of statutory obligations, identity theft, unauthorised disclosure, fraudulent processing or substantial injury caused by unlawful data processing.
The judge, however, held that each case must be determined on its own facts.
In the instant case, the court found that the affidavit evidence showed that FCMB acted responsibly once the complaint came to its attention by investigating the matter and permanently closing the disputed account.
“The law cannot ignore such prompt remedial action. Courts must always encourage responsible corporate conduct while ensuring that genuine violations are appropriately sanctioned,” the judge held.
Justice Liman said that after considering the affidavit evidence, documentary exhibits, submissions of counsel and applicable legal principles, he was satisfied that the applicant had failed to establish any legal or factual basis upon which the reliefs sought could be granted.
The court consequently dismissed the application in its entirety, including the claim for ₦100 million damages and post-judgment interest.
Justice Liman, however, stressed that the judgment should not be interpreted as diminishing the importance of data privacy or reducing the obligations imposed on financial institutions under the Nigeria Data Protection Act, 2023.
The decision adds to the growing body of Nigerian case law on data privacy, unlawful data processing and the responsibilities of financial institutions when complaints of unauthorised use of personal information are made.
In June 2026, the Federal High Court in Abuja had ordered Guaranty Trust Holding Company Plc to stop sending direct marketing messages relating to “Fund 724” by Guaranty Trust Fund Managers to a non-customer, after declaring the processing of the applicant’s personal data for advertising and direct marketing purposes unlawful.
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