The Imo State High Court in Iho has dismissed a $25 million fundamental rights suit filed against Meta Platforms Inc. over alleged violations of privacy and data protection rights. Justice L. C. Alinnor struck out the case on 21 July, according to a certified true copy of the judgement shared with Premium Times. The applicant, Chika Chukwuemeka, had accused Meta of collecting, processing, and profiling her personal data for behavioural advertising without her consent.
Chukwuemeka alleged that Meta's actions violated her right to privacy under Section 37 of the Nigerian constitution and provisions of the Nigeria Data Protection Act 2023. She claimed that the company's actions led to a breach of her fundamental rights and sought $10 million in general damages and $15 million in exemplary damages. However, Justice Alinnor held that Chukwuemeka failed to provide sufficient evidence to establish that Meta had violated her privacy rights or unlawfully processed her personal data.
A major part of Chukwuemeka's case was based on a Final Order issued by the Nigeria Data Protection Commission (NDPC) against Meta. However, the NDPC's Final Order was later set aside by the Federal High Court in Abuja, where the parties settled. Justice Alinnor noted that with the setting aside of the Final Order, the basis for Chukwuemeka's claim collapsed. The judge added that the applicant failed to satisfactorily prove the infringement of her fundamental rights or show how the alleged infringement was orchestrated by Meta.
Meta had argued that Chukwuemeka had not provided evidence showing that her individual data was processed unlawfully or transferred outside Nigeria in breach of the law. The company also argued that users agree to its terms when they register for Facebook and Instagram, and that its services are funded partly through personalised advertising. Meta's lawyer, Paul Mgbeoma, disputed the allegations, stating that consent was not the only lawful basis for processing personal data under the Nigeria Data Protection Act.
Before considering the substantive claim, the court dealt with Meta's preliminary objection, challenging the territorial jurisdiction of the Imo State High Court. Meta argued that provisions in its terms of service required certain disputes to be resolved in California. However, Justice Alinnor rejected the objections, stating that the dispute involved activities carried out through the internet and could be accessed across jurisdictions.
The court upheld the substituted service of the processes on Meta at an address on Glover Road, Ikoyi, Lagos. Justice Alinnor relied on a 2024 Court of Appeal decision, IGP v Omagbeosa, which held that the provisions do not apply to proceedings brought under the Fundamental Rights (Enforcement Procedure) Rules. The judge also noted that the activities complained of by Chukwuemeka were accessed in Imo State, establishing the court's territorial jurisdiction.
The dismissal of the suit marks a significant development in the ongoing debate about data protection and privacy rights in Nigeria. The Nigeria Data Protection Act 2023 provides a framework for the protection of personal data, and the court's decision highlights the challenges of enforcing these rights in the digital age. KEY_POINT: The Imo State High Court dismissed a $25 million suit against Meta Platforms Inc. over alleged privacy violations. KEY_POINT: The court ruled that the applicant failed to provide sufficient evidence to establish that Meta had violated her privacy rights. KEY_POINT: The decision highlights the challenges of enforcing data protection and privacy rights in Nigeria.
