Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Independent National Electoral Commission has told a Federal High Court in Abuja that the voter information at the centre of a N10 billion fundamental rights suit filed by Nollywood actor and House of Representatives aspirant Emeka Ike is neither classified, sensitive, nor confidential, arguing that such data is displayed and published in accordance with the Electoral Act 2026. In a counter-affidavit deposed to by Anthonia Makwe, an Assistant Director and Data Protection Officer in the commission's Legal Drafting and Clearance Department, INEC maintained that it has the statutory and constitutional power to make available information of its voters to the general public without the consent of any registered voter. The commission further stated that the information complained of was not sensitive or confidential and that any document allegedly posted by the first respondent did not emanate from it.
Ike had filed the lawsuit against INEC and Lere Olayinka, a media aide to the Minister of the Federal Capital Territory, Nyesom Wike, seeking N10 billion in damages for alleged violation of his fundamental right to privacy following the publication of his voter registration details on the social media platform X. Through his counsel, Leonard Adeh, the actor asked the court to declare that Olayinka's decision to publish his database on X without his approval amounted to a gross breach and violation of his right to privacy and the protection of personal data. The suit stems from allegations that Ike's personal voter registration details were unlawfully disclosed on the media aide's official X handle after screenshots showing the transfer of his voter registration from Imo State to the Federal Capital Territory surfaced online.
However, Olayinka, in a counter-affidavit filed by his counsel, Akpama Ekwe, maintained that the information he shared was already in the public domain and was not obtained unlawfully. He argued that the publication contained only Ike's name and passport photograph, adding that he owed the applicant no duty of confidentiality. According to him, a person seeking elective office cannot claim to have been traumatised by the circulation of information he voluntarily submitted as part of the electoral process and had already made public as a politician and public figure. Olayinka also relied on Section 19(1) of the Electoral Act 2026, which requires INEC to display and publish the voters' register before a general election for public scrutiny.
INEC, in its response, said 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. The commission also denied breaching its duty to protect voters' personal information, insisting that it had maintained the security of data under its custody. INEC further maintained that the incident did not result from a cyber attack on its database but from the misuse of authorised internal access credentials, with an official earlier arrested by the police over the alleged breach.
When the matter came up on Tuesday, July 21, 2026, the trial judge adjourned proceedings until October 12, 2026, for hearing. Speaking after the proceedings, Ekwe described the evidence tendered to the court by the plaintiff as inadmissible, noting that his client had not breached any law or committed any offense, adding that INEC had issued a statement to the effect that there was no breach of its servers. Meanwhile, Adeh said he believed that INEC had no defence in the matter, prompting its repeated shying away from the case. He expressed confidence in the claim of his client, noting that the case will serve as a precedent to prevent future breach of voters' data, adding that Ike was magnanimous to have only demanded N10 billion.
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