An Abuja High Court on Tuesday dismissed an enforcement of rights suit filed by Ali Bello, the Chief of Staff to Kogi Governor against Senator Natasha Akpoti-Uduaghan.
Bello had on May 21, 2024 instituted an enforcement of rights suit, marked no FCT/HC/CV/2574/2024, against Akpoti-Uduaghan alleging breach of privacy among others.
Through his counsel, Adeola Adedipe, SAN, Bello sought 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 X-handle @Natashaakpoti on March 15, 2024 against the provisions of Section 37 of the Constitution.
Bello further claimed that the respondent alleged that he lodged former governor of Kogi, Yahaya Bello, in the house he is living with his family when the EFCC was looking for him.
He added that the house belonged to the former governor whom they call ‘White Lion of Kogi’.
In addition, the applicant asked for N1 billion in general damages and compensation.
Delivering judgment in the suit, Justice Slyvanius Oriji held that there were three issues to resolve in the suit.
One, the judge said, was whether the publication on Akpoti-Uduaghan’s X-handle violated the applicant ‘s fundamental right to privacy under Section 37 of the Constitution.
“Two, is 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,” he said.
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.
“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.
Justice Oriji held that the respondent (Akpoti-Uduaghan) failed to establish her claim of the ownership of the property as stated in her tweets that it was one of the properties in which EFCC obtained an interim order of forfeiture
He held that there was nothing before the court to prove the respondent’s assertion and that the court also visited the said property.
“In the absence of any contrary evidence, the court accepts the deposition in the applicant’s affidavit that he is the owner of the said property and that he lives there with his family.
“Moreover, at the visit to the property, the court confirmed that the applicant lived in the property with his family.
“Before I go further, the point was made that it is improper, reprehensible, and unconscionable for a distinguished senator of the Federal Republic of Nigeria to post a picture of the applicant’s house and the house address in her ex-social media handle without just cause.
“On the unfounded belief that the property belonged to a former governor of the state, such conduct must be and is thereby defecated by the court,” he held.
On issue of the respondent’s publication he held that Section 37 of the Constitution provides the privacy of citizens and their homes among others.
“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 order for the respondent to tender a public apology to the applicant in Relief 6, and the sum of one billion Naira general damages in Relief 7 are dismissed.
“The parties shall bear their costs,” he held.
