The Independent National Electoral Commission (INEC) has asked the Federal High Court in Abuja to dismiss a ₦10 billion fundamental rights suit filed by Nollywood actor and politician Emeka Ike, arguing that information contained in the register of voters is legally accessible to the public and does not enjoy the confidentiality claimed by the actor.
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The commission stated its position in a counter-affidavit filed in opposition to the suit marked FHC/ABJ/CS/1272/2026, deposed to by Anthonia Makwe, an Assistant Director and Data Protection Officer in INEC’s Legal Drafting and Clearance Department.
Ike instituted the action against INEC and Lere Olayinka, Senior Special Assistant to the Minister of the Federal Capital Territory, Nyesom Wike, alleging that his constitutional right to privacy and personal data protection was violated when his voter registration details — including information about his transfer from Imo State to the FCT — were published on Olayinka’s X (formerly Twitter) handle, @OlayinkaLere, in May.
The actor, who had aspired to contest the House of Representatives seat for the AMAC/Bwari Federal Constituency in the 2027 general elections on the platform of the Nigeria Democratic Congress (NDC) but lost in a primary poll, is asking the court to award him ₦10 billion in aggravated and general damages against Olayinka and INEC, to be paid jointly and severally.
At Wednesday’s proceedings before Justice Salim Ibrahim, the court advised Ike, INEC and Olayinka to explore an out-of-court settlement.
Leonard Adeh, who appeared for Ike, informed the court that the matter was scheduled for further mention. INEC’s lawyer, Solomon Umoh (SAN), confirmed that all the commission’s processes, including its counter-affidavit, had been filed and served on the parties.
Adeh acknowledged receipt of INEC’s processes, which he said were served only on Tuesday, adding that the applicant was still within time to respond.
When Justice Ibrahim advised the parties to explore amicable resolution, Olayinka’s lawyer, Akpama Ekwe — who had also filed a counter-affidavit — told the court that the question about reconciliation should be directed at the applicant.
Adeh responded that if Olayinka and INEC made an offer for settlement, “they are very much available to amicable settlement,” but that until such an offer came, the matter should be adjourned for definite hearing.
The judge subsequently adjourned the case to October 12, 2026, for hearing by agreement of all counsel.
In its counter-affidavit, INEC maintained that voter information is published in accordance with the Electoral Act 2026 and that the commission does not require the consent of each registered voter before displaying or making the register available for public scrutiny.
The electoral body argued that its constitutional and statutory duties include the compilation, maintenance, display, publication, certification and management of the national register of voters under the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2026 and the Nigeria Data Protection Act 2023.
INEC further contended that the information Ike complained about was “neither classified, sensitive nor confidential personal data.”
The commission also denied being the source of the document allegedly published by Olayinka, insisting that the disputed material did not originate from it.
“The 2nd respondent, as a data controller, has never breached its statutory duty of care, custody and protection of personal voter information and data it owes the applicant and other voters under its secured portal and restricted database,” INEC stated.
The commission urged the court to find that the publication of information lawfully contained in the voters’ register did not amount to a violation of Ike’s privacy or data-protection rights, and asked the court to reject the ₦10 billion damages claim for lacking legal and factual foundation.
Olayinka, through his lawyer Akpama Ekwe, similarly asked the court to dismiss the suit outright, arguing that the information he circulated was already publicly available and could be lawfully accessed.
He maintained that the publication contained only Ike’s name and passport photograph and did not disclose confidential information or amount to an unlawful invasion of privacy.
Olayinka argued that a person seeking elective office could not reasonably claim to have suffered trauma merely because information voluntarily supplied during the electoral process was circulated.
“The applicant, who put himself forward to contest the election into the House of Representatives, should not be traumatised by the circulation of his name and passport photograph which he personally presented to the public when seeking to contest election, and as a Nollywood star,” his affidavit stated.
Olayinka relied on Section 19(1) of the Electoral Act 2026, which requires INEC to display and publish the register of voters not later than 90 days before a general election to allow members of the public to scrutinise it and raise objections where necessary. He maintained that the statutory publication of the voters’ register was intended to promote transparency and integrity in the electoral process.
He further stated that the publication was made after Ike allegedly “led a team of hoodlums to the INEC office to disrupt INEC’s activities immediately he declared his intention to contest the election,” and that the post was intended to remind the actor that he had just transferred his voter registration area and to draw public attention to the relevant statutory provisions.
Olayinka also cited INEC’s own press release, in which the commission admitted “there was no external breach of its CVR database, no hacking incident and no unauthorised external access to the commission’s ICT infrastructure.”
He argued that he was not a data controller under the Nigeria Data Protection Act 2023 and owed the actor no obligation to safeguard his documents.
Olayinka described the ₦10 billion claim as brought in bad faith, calling Ike “a gold digger who wants to reap where he did not sow,” and insisted he could not be held liable for damages over information that was already publicly accessible at the time of publication.
In his originating application, Ike asked the court to declare that Olayinka’s decision to publish his data on X without his approval amounted to “a gross breach and violation of the applicant’s fundamental right to privacy and the protection of personal data.”
He relied on Section 37 of the Nigerian Constitution, Article 12 of the Universal Declaration of Human Rights, and Sections 24 and 39 of the Nigeria Data Protection Act 2023, arguing that these provisions guaranteed his right to privacy and personal data protection.
The actor also asked the court to declare that INEC owes him and other voters a “statutory duty of care” to protect their private data against unauthorised access.
He further sought a declaration that INEC’s press release of June 2, issued in reaction to the viral publication of his voter information, amounted to “a tacit admission of guilt and liability.”
In addition to the ₦10 billion in damages, Ike sought an order directing Olayinka to immediately retract and pull down the offending post on his X handle, and to tender an unreserved written apology for the alleged breach.
The court has not determined the merits of Ike’s claims or the objections raised by INEC and Olayinka. The matter is now adjourned to October 12, 2026, for hearing.
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