Justice Sylvanus Oriji of High Court of the Federal Capital Territory (FCT), yesterday, dismissed a fundamental rights enforcement suit filed by Ali Bello, Chief of Staff to the current governor of Kogi State against Senator Natasha Akpoti-Uduaghan.
Ali Bello had on May 21, 2024, filed the suit, marked no FCT/HC/CV/2574/2024, against Natasha Akpoti-Uduaghan alleging violation of his privacy, among others, reports Daily Independent.
However, delivering ruling, Justice Oriji 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 X-social media page (Twitter) 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.”
The Judge noted that the respondent (Natasha) failed to establish her claim of the ownership of the property stated in her tweets that was one of the properties in which EFCC obtained an interim order of forfeiture.
Justice Oriji stated 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 X-social media handle without just cause.
“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.”
Consequently, the court stated that issues 1 and 2, the declaratory orders in reliefs 2 and 3, the orders of perpetual injunction in reliefs 4 and 5, the order for the respondent to tender a public apology to the applicant in relief 6, and the sum of one billion naira general damage in relief 7 are hereby dismissed.
“The parties shall bear their costs” Justice Oriji stated.
Recall, that Ali Bello had through his counsel, Adeola Adedipe (SAN), sought for 8 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 her X-handle @Natashaakpoti on March 15, 2024 against the provisions of Section 37 of the constitution.
The applicant claimed further that the respondent alleged that he lodged former governor of Kogi, Yahaya Bello, in the house he is living with his family when 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 general damages and compensation.
