A Federal Capital Territory (FCT) High Court sitting in Maitama on Tuesday dismissed a fundamental enforcement rights suit filed by Ali Bello, Chief of Staff to Governor Usman Ododo of Kogi State, against Senator Natasha Akpoti-Uduaghan, but berated the representative of Kogi Central Senatorial District for the wrongful usage of her X handle in the instant case.
Bello had on May 21, 2024 instituted the suit, marked: FCT/HC/CV/2574/2024, against Akpoti-Uduaghan as sole respondent, alleging breach of privacy.
Bello, through his counsel, Adeola Adedipe (SAN), sought for eight reliefs among which are respect for his dignity and right to own and acquire property as enshrined in Sections 34(1), 35(1), 37, 43 and 44(1) of the 1999 Constitution of Nigeria.
The applicant further complained of the publication of the pictures of his house and address in the senator’s X-handle: @Natashaakpoti, on March 15, 2024 against the provisions of Section 37 of the Constitution.
He claimed further that the respondent alleged in her social media post that he lodged former Governor of Kogi State, Yahaya Bello, in the house he is living with his family when the Economic and Financial Crimes Commission was looking for him.
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He added that the lawmaker equally alleged that the house, which he lives in Abuja, belonged to the former governor, whom they call the White Lion of Kogi.
Bello, therefore sought a N1 billion general damages and compensation.
Delivering judgment in the suit, Justice Slyvanius Oriji held that there are three issues to resolve in the suit.
He demanded: “Whether the publication on Natasha’s X-handle violated the applicant’s fundamental right to privacy under Section 37 of the Constitution.
“Whether her petition to the Inspector General of Police on the ownership of the said property violated the applicant’s right.
“And whether the applicant is entitled to the reliefs sought.”
The judge held that publicity as the applicant claimed cannot be given to a house that is already in the public space, which can be seen by everyone.
“In the same vein, the post observed in the respondent’s ex-social media page would not be considered highly offensive to an objectively reasonable person,” he said.
The judge held that the EFCC operatives did not invade Bello’s privacy at 1 Dala Hills, Maitama, Abuja to look for the ex-governor following Akpoti-Uduaghan’s alleged claim that the ex-governor lodged in the apartment on her social media handle.
He added: “Secondly, the case of the applicant is not that as a result of the post or publication, officials of the EFCC had come to his house and invaded his privacy so as to look for the respondent’s favourite story book: ‘The Defeated White Lion’ or to look for the former governor of the state.”
Oriji held that Akpoti-Uduaghan failed to establish her claim of the true ownership of the property stated in her tweets, which she allegedly claimed belonged to Yahaya Bello and that it was one of the properties in which the EFCC obtained an interim order of forfeiture.
He added: “Respondent failed to establish her claim that the said property contained in Exhibit AB 2 was one of the properties in respect of which the EFCC obtained an interim order of forfeiture.
“She also failed to establish her assertion that she had information that Yahaya Bello was in the said property at the time he was wanted by the EFCC.
“There is nothing before the court to show that the property belongs or belonged to Yahaya Bello, the former Governor of Kogi State.
“In the absence of any contrary proof by the respondent, the court accepts the applicant’s assertion that he is the owner of the property, that he lives there with his family, moreover at the visit to the locus in quo the Court confirmed that the applicant lived in the property with his family.
“From all that I have said, the court agrees with the submission of the learned senior counsel for the applicant, Adeola Adedipe (SAN), that the respondent did not have any justification to make the publication or post on her X social media page which she admitted meant that the former Governor of Kogi State, Yahaya Bello was hiding at No 1 Dala Hills Maitama
“Before I go further, the point must be made that it is improper, reprehensible and unconscionable for a distinguished senator of the Federal Republic of Nigeria to post the picture of the applicant’s house and the house address in her x social media page on the unfounded belief that the property belonged to Yahaya Bello, former Governor of Kogi State.
“Such conduct must be and is hereby deprecated by the Court.”
On the issue of the respondent’s publication, the judge held that Section 37 of the Constitution provides both the privacy of citizens, their homes among others.
Oriji said: “It appears to me that the right to privacy is not one of the fundamental rights which the courts are regularly called upon to advocate.
“It is correct that the applicant, like all other citizens, is entitled to the fundamental right guaranteed by Section 4 of the 1999 Constitution as amended.
“Therefore, the applicant is entitled to this relief, which is a general declaration.
“The parties shall bear their costs.”
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