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 motion brought pursuant to Section 37 of the 1999 Constitution (as amended) and Section 24(1)(A) and (E) & Section 34(1)(D) of the Nigeria Data Protection Act 2023, Order 2 Rule 1 Fundamental Rights Enforcement Procedure Rules, 2009, Falana, through his lawyer Olumide Babalola, accused the company of publishing motion images and voice captioned, “AfriCare Health Center.” The video suggested that Falana had suffered from a disease known as ‘Prostatitis,’ which Falana claims constitutes an invasion of his privacy, as guaranteed by Section 37 of the Constitution of Nigeria, 1999.
Falana alleged that the publication, including the video shared on Facebook, was “false, inaccurate, misleading, and unfair,” thus violating Section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023.
Falana is seeking a court declaration that the “Respondents’ continued publication of the Applicant’s name, still and motion images, and the purported voice on the page and video captioned ‘AfriCare Health Centre’ on their platform www.facebook.com,” which falsely states that he suffered from ‘Prostatitis,’ constitutes an invasion of his privacy under the Nigerian Constitution.
Additionally, he is requesting the court to order the removal, erasure, and deletion of the video from Meta’s platform. For the damages caused by this false publication, Falana is asking for a general damages award of $5,000,000 (Five Million US Dollars), along with any other consequential orders the court may deem fit.
Falana claimed that the false video, which dealt with his health, was detrimental to his image and the reputation he has built over the years. He argued that the publication painted him in a false light, causing him emotional and psychological distress.
In the affidavit, Falana highlighted his reputation as a fearless lawyer known for challenging government policies, advocating for marginalized groups, and defending freedom of expression. He explained that on January 16, 2025, he discovered the false video published on Facebook by the page “AfriCare Health Centre.” The video reportedly featured a narration attributed to him claiming he had suffered from Prostatitis for over 16 years, describing various health issues like pain, discomfort, and fatigue.
Falana emphasized that he had never suffered from Prostatitis, nor had he had any involvement with the organization responsible for the false video. He argued that the video misrepresented him, violated his privacy, and caused him public embarrassment as the video had been widely shared and viewed.
The renowned lawyer further argued that Meta’s negligence in verifying the authenticity of the video before publication was done recklessly to attract traffic to its platform and boost ad revenue. He expressed how the false publicity had caused him anxiety, sadness, and ridicule, and he continues to suffer emotional distress from the incident.
Falana has prayed the court for relief to prevent further damage to his image and privacy.
