INEC Tells Court Emeka Ike’s Voter Data Was Not Confidential in N10bn Privacy Suit
The Independent National Electoral Commission (INEC) has informed the Federal High Court in Abuja that the voter information published in relation to Nollywood actor and House of Representatives aspirant under the Nigeria Democratic Congress (NDC), Emeka Ike, was neither classified, sensitive nor confidential, PulseNets learnt.
The electoral commission made the submission in a counter affidavit deposed to by Anthonia Makwe, an Assistant Director and Data Protection Officer in INEC’s Legal Drafting and Clearance Department. The affidavit was filed in opposition to suit number FHC/ABJ/CS/1272/2026, instituted by Emeka Ike before the Federal High Court in Abuja on June 15, 2026, PulseNets obtained.
In the suit filed against INEC and Lere Olayinka, media aide to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, Ike is seeking N10 billion in damages over an alleged breach of his fundamental right to privacy.
Through his lawyer, Leonard Adeh, the actor and politician urged the court to declare that Olayinka’s publication of his personal data on the social media platform X without his consent amounted to a gross violation of his constitutional right to privacy and protection of personal data.
Responding through its counter affidavit, INEC, listed as the second respondent in the matter, maintained that the information in question is published in line with the provisions of the Electoral Act 2026. The commission further argued that it possesses the constitutional and statutory authority to make voter information available to the public without first obtaining the consent of registered voters.
The affidavit stated:
“In response to paragraph 5 of the Applicant’s Originating Motion, the 2nd Respondent’s statutory responsibility includes the compilation, maintenance, display, publication, certification and management of the register of voters in accordance with the constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2026, and the National Data Protection Act 2023.
“The 2nd Respondent has the statutorily and constitutional function/power to make available information of its voters to the general public without the consent of any registered voter.
“The issue complained of is not classified, sensitive nor confidential and that such information are displayed and published in accordance with the Electoral Act 2026.
“What is alleged to be posted by the 1st Respondent on his X platform did not emanate from the 2nd Respondent. 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.”
Lere Olayinka also filed a separate counter affidavit through his counsel, Akpama Ekwe, insisting that the only details contained in the document he shared were Emeka Ike’s name and passport photograph, both of which he argued were already publicly available.
According to the affidavit:
“Contrary to paragraph 6 of the Applicants supporting Affidavit the information published by the 1st Respondent (Lere Olayinka) was already in the public domain and was not accessed through any unlawful means.
“Contrary to paragraph 8 of the Applicant’s Supporting Affidavit, the 1st Respondent does not owe the Applicant any duty of care and confidentiality and does not require the consent of the Applicant to publish the Applicant’s name and passport photograph that was already in the public domain.
“Contrary to paragraph 10 of the Supporting Affidavit, the Applicant who brought himself to contest election into the Federal House of Representatives, cannot be traumatized 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.
Also Read: INEC Considers Mock Presidential Election Ahead of 2027 General Elections
“Information supplied in voters card is not private data because by the provision of Section 19(1) of the Electoral Act, 2026, ‘the Commission shall, not later than 90 days to a general election, appoint a period of seven days during which a copy of the voters register for each Local Government, Area Council or Ward shall be displayed or published for public scrutiny at every registration area and on its official website or any website established by the Commission for that purpose.’
“Contrary to paragraph 11 of the Applicant’s Supporting Affidavit, the only information contained in the document published by the 1st Respondent was the Applicant’s name, and passport photograph.”
PulseNets learnt that the Federal High Court adjourned the matter until October 12, 2026, when it will hear the case.
