By Olumide Babalola
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
In a decision that will potentially to reshape privacy jurisprudence in Nigeria, the High Court of Lagos State, presided over by Justice I. O. Harrison, held in a judgment that privacy right encompasses harm done by false light publicity, distinct from defamation, and awarded damages in favour of a Nollywood actress – Adunni Ade- whose name and picture were published in connection with a false romantic relationship with a politician – Dino Melaye. In addition to privacy violation, the court also recognised violations of the Nigeria Data Protection Act in that mispublication.
Factual Background
The case (Suit No. LD/17781MFHR/2024 between Adunni Adewale v Polance Media Limited & Anor) was brought by a Nollywood actress (the Applicant) who challenged a respondents’ publication. The respondent had published her name and image in a story that falsely linked her romantically to a politician – Dino Melaye. The actress claimed: (1) An invasion of her privacy by false light publicity, that is, being portrayed to the public in a misleading and offensive way that mischaracterises her life without necessarily impugning her reputation in the sense required for defamation; and (2) Violation of provisions of the Nigeria Data Protection Act, 2023, due to inappropriate and misleading use of her personal data (name, image), without consent and in an inaccurate, unfair manner.
Court Decision
Justice Harrison’s court accepted the applicant’s arguments and made several key declarations:
1. False Light as a Recognised Privacy Right
The court explicitly distinguished false light publicity from defamation. Whereas defamation protects a person from false statements that harm reputation, false light is about false or misleading presentation that invades privacy, even when reputation per se is not harmed in the conventional sense. The court held: “The court agrees that there is a difference between invasion of privacy by the exposure of personal information to unwanted and false publicity and defamation which is a tort. While one protects privacy … defamation is strictly protection of reputation … The court agrees … that false light has nothing to do with the character or reputation of the applicant: it is concerned with the publication of personal information in a false light and is a violation of a person’s right to privacy.”
2. Data Protection Violations
The judgment also holds that the respondent’s actions breached the Nigeria Data Protection Act (NDPA), particularly in respect of the requirements that personal data be processed fairly, lawfully, transparently, and that it not be inaccurate or misleading. Though the specifics were unique to the case, the ruling confirms that the NDPA is an enforceable legal standard against misuse of an individual’s image and personal data.
3. Damages Awarded
The court awarded Twenty million Naira (N20, 000, 000) in damages to the applicant given the harm to privacy, emotional distress, and violation of data subject’s rights.
Significance & Implications
This decision is a watershed for many reasons:
1. Expansion of Privacy Protection
Until now, Nigerian courts have not always clearly separated privacy breaches (especially false light) from defamation. This judgment establishes false light as an independent cause of action in Nigerian law. That gives individuals a remedy when they are misrepresented in ways that damage their private lives, even if no factual defamatory statement about their moral or public standing is made.
2. Statutory Reinforcement via NDPA
The Nigeria Data Protection Act, 2023 gains strength: it is not just about data leaks or misuse, but can be invoked where false, wrongful, or misleading processing of personal data causes harm, even if that harm isn’t purely financial or reputational. Public figures (like celebrities) now have stronger statutory backing to protect how their image, name, and likeness may be used.
3. Privacy vs. Reputation
The court’s distinction reminds media platforms, journalists, content creators, and publishers that privacy rights are not limited to reputation. False associations (romance, disease, criminal activity, etc.) may not always breach reputation in traditional defamation terms (which require false statement, publication, injury to reputation) but may still violate privacy.
4. Broader Precedent Potential
Other cases may now cite this judgment in suits involving false associations, misleading image use, impersonation, or unauthorized portrayal. The judgment may influence behavior of media houses, social media platforms, and content generators to be more cautious in how images and names of public or semi-public figures are used, particularly in sensational or misleading (“clickbait”) stories. It might encourage revision of editorial policies, training for reporters, and stronger internal checks on verification of claims before publication.
Conclusion
The judgment delivered on 24 June 2025 by Justice I. O. Harrison marks a turning point in Nigeria’s privacy law: recognizing false light publicity as actionable in its own right, reinforcing statutory data protection rights, and expanding the remedies available to individuals, especially public figures, against wrongful misuse of their image and identity.
For Nollywood actors, journalists, media houses, and platforms, the message is clear: misuse of name or image in misleading or false contexts can no longer hide behind claims of “just publicity” or “innocuous mention.” A claim for invasion of privacy may succeed outside defamation, provided the presentation is false, misleading, unfair, and violates statutory or constitutional safeguards.
A timely new publication, Casebook on Privacy & Data Protection in Nigeria, co-authored by Olumide Babalola and Uchenna Nnawuchi, 📘Casebook on Privacy & Data Protection in Nigeria is now available on Amazon: https://a.co/d/8TmFZrd
______________________________________________________________________
Groundbreaking Guide For Lawyers: Adigwe Publishes ‘Artificial Intelligence For Lawyers’ With Free Research eBook
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
______________________________________________________________________
Explore Nigeria’s Constitutional System — 17 Chapters, 924 Pages Of Insight By Prof. Hagler Sunny Okorie
The books are available for purchase at:
Online: www.educodex.com | www.selar.com | www.amazon.com | www.mikeozekhome.com
Enquiries: +234 704 044 9375 | +234 814 813 4773 | +234 816 872 3532
Email: educodexl@gmail.com
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________
Alexander Payne Co. Law Reports
Contact & Orders 📞 0704 444 4777 | 0704 444 4999 | 0818 199 9888 🌐 www.alexandernigeria.com
