Adunni Adewale v. Polance Media Limited & Anor

Description

This legal text details a fundamental human rights enforcement suit brought by a prominent Nigerian movie actress against the publishers of “Naija News” and an online contributor. The action arose from an unauthorized online publication that associated the Applicant’s personal data (name and image) with scandalous relationship rumors. The Applicant argued the article cast her in a “false light” and violated Section 37 of the 1999 Constitution and Section $24(1)(a)$ and $(e)$ of the Nigeria Data Protection Act (NDPA) 2023.

Hon. Justice I. O. Harrison dismissed the Respondents’ preliminary objections, ruling that fundamental rights enforcement suits do not require a prior complaint to the Nigeria Data Protection Commission. The Court carefully distinguished the tort of defamation (reputation-based) from a false light privacy invasion (privacy and presentation-based). Ultimately, the court found that using the actress’s likeness to drive digital traffic violated data controllers’ strict obligations to process data accurately, fairly, and transparently, ordering the removal of the content alongside the award of general damages.