Femi Falana, a human rights lawyer and Senior Advocate of Nigeria, has filed a $5,000,000 lawsuit against Meta Platforms in a Lagos High Court.
Lawyer Olumide Babalola, representing Femi Falana, filed a motion under Section 37 of the 1999 Constitution and sections 24(1)(A) and (E) and 34(1)(D) of the Nigeria Data Protection Act 2023, as well as Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules, 2009, accusing the organization of invading Falana’s privacy by publishing motion images and voice captions on their website and Facebook platform, claiming Falana suffered from ‘Prostatitis’, which Falana claims is false, inaccurate, misleading, and unfair, violating the Nigeria Data Protection Act 2023.
To this end, the reputable lawyer was praying the court for a declaration that the “Respondents continued publication of the Applicants name, still and motion images and purported voice on a page and video captioned “AfriCare Health Centre on their platform – www.facebook.com to the effect that the Applicant suffered from a disease known as ‘Prostatitis constitutes an invasion of the Applicants privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999.”
Furthermore, he is requesting that the court order the respondents to immediately remove, erase, and delete the video titled ‘AfriCare Health Centre’ from their platform, www.facebook.com.
Falana is seeking $5,000,000 in general damages due to the harm caused by the publication and is asking the court to grant any additional orders it deems necessary.
According to Falana, the false video about his health status, which is a private matter, has damaged his reputation and the name he has built over the years. He argues that the respondent’s false, offensive, and disturbing publication has portrayed him in a false light, causing him mental and emotional distress.
The Applicant instituted the originating processes on the grounds that, as a reputable person, he is entitled to enjoy the fundamental right to privacy under Section 37 of the Constitution of the Federal Republic of Nigeria 1999, and that the Respondents breached this right by publishing his name and images, attributing a false illness to him, and thereby causing him emotional and psychological distress.
The Applicant, a prominent lawyer known for his fearless legal battles, alleged that his law practice encompasses areas such as constitutional law, civil rights, and international human rights law.
He claimed that the Respondent, a media company operating the global social media platform www.facebook.com, posted a video of him on their platform under the page ‘AfriCare Health Centre’ on January 16, 2025, which he tendered as an exhibit in the suit.
He noted: “In video that carries my name, picture and purported video, I am reported to have said that: “My name is Femi Falana, and I have been battling prostatitis for over 16 years. At the age of 50, I was diagnosed with this condition. Every day I faced pain, discomfort and constant fatigue. I had trouble urinating lower back pain and other symptoms that made it difficult to live a full life. Despite consulting the best urologist in the country, no one could offer me effective treatment, I was prescribed numerous medications, physical therapy even surgery but the problem was that these methods only temporarily relived the symptoms.”
He bemoaned the wrongful publication that he has been greatly prejudiced by the video of the Respondent’s on the grounds that his health life is part of his private life and he has never suffered any disease known as ‘Prostatitis’ in his life.
He averred that, “I have never had any dealing with the Respondent or its pages on issues with my health life.
The video and its contents are false, inaccurate, misleading and unfair to me. The video paints me in a false light and as such an invasion of my privacy.”
