The Independent National Electoral Commission (INEC) has asked the Federal High Court in Abuja to dismiss a suit accusing it of leaking confidential details of voters ahead of the 2027 general elections.
A Nollywood actor who aspired to contest for the House of Representatives under the Nigeria Democratic Congress (NDC), Mr Emeka Ike, had filed a N10 billion suit against the electoral body and Mr Lere Olayinka, who is a media aide to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, over alleged unlawful disclosure of private details.
The plaintiff, in his suit marked FHC/ABJ/CS/1272/2026, alleged a breach of his fundamental right to privacy following the publication of his voter registration details on X.
While the publication was made by Olayinka, the plaintiff contended that the information was part of his confidential records that were in INEC’s possession.
The plaintiff, through his lawyer, Mr Leonard Adeh, prayed the court to declare that Olayinka’s publication of his details without his consent amounted to a violation of his right to privacy and personal data protection.
Meanwhile, INEC, in a counter-affidavit filed in opposition to the suit, while denying complicity in the alleged unlawful leak of the plaintiff’s details, clarified that information supplied to it by voters is neither classified nor confidential.
The electoral body told the court that the information the plaintiff complained of was already published in accordance with the provisions of the Electoral Act 2026.
The Commission, in the affidavit deposed to by an assistant director and data protection officer in its Legal Drafting and Clearance Department, Anthonia Makwe, insisted that it is constitutionally empowered to make voter information available to the public without first obtaining the consent of registered voters.
According to INEC, its statutory responsibilities include the compilation, maintenance, display, publication, certification, and management of the register of voters in accordance with the Constitution, the Electoral Act 2026, and the Nigeria Data Protection Act 2023.
It maintained that the information the plaintiff alleged was leaked was neither sensitive nor confidential.
Nevertheless, the Commission denied that it made the said information available to Wike’s aide, Olayinka, even as it urged the court to discountenance the allegation that it breached its duty to protect the personal details of voters in its database.
Likewise, Olayinka, in a counter-affidavit filed by his counsel, Akpama Ekwe, also urged the court to dismiss the suit for want of merit.
He insisted that the information he shared was already in the public domain and was not obtained unlawfully.
Olayinka argued that the publication contained only Ike’s name and passport photograph, saying he did not owe the plaintiff any duty of confidentiality.
It was further his argument that the plaintiff, who is seeking elective office, could not claim to have been traumatised by the publication and circulation of information he voluntarily submitted as part of the electoral process.
The defendant contended that the plaintiff, being a politician and notable figure, had already made the said information public.
Olayinka argued that Section 19(1) of the Electoral Act 2026 required INEC to publish and display the register of voters before a general election to give room for public scrutiny.
Meanwhile, Justice Salim Ibrahim has fixed October 12 for the matter to be heard.
