Falana Slams $5m Suit On Facebook Over Alleged Invasion Of Privacy

Human rights lawyer, Femi Falana (SAN), has slammed a $5 million suit on Meta Platforms Inc., the parent company of the social network platform Facebook, over an alleged invasion of his privacy by the company.

In the suit filed before a Lagos State High Court in Ikeja, Falana is demanding money for the alleged publication of a false video about his health status by the United States of America-based organisation that has published his image and the name he has built over the years.

In the originating motion, which is based on Section 37 of the 1999 Constitution (as amended) and Section 24(1)(A) and (E) & Section 34(1)(D) of the Nigeria Data Protection Act 2023, as well as the Fundamental Rights Enforcement Procedure Rules of 2009, Falana’s lawyer, Olumide Babalola, accuses the organisation of publishing motion images and voice on their website, falsely claiming that Falana has suffered from a disease known as ‘Prostatitis’. He argues that this constitutes an invasion of his privacy as protected by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.

Falana asserts that the publication and the video were released on the organisation’s platform—www. Facebook.com—are “false, inaccurate, misleading, and unfair,” violating Section 24(1)(A) and (E) of the Nigeria Data Protection Act 2023.

As a result, Falana is seeking a declaration from the court stating that the “respondents’ continued publication of the applicant’s name, still and motion images, and the purported voice on a page and video titled ‘AfriCare Health Centre’ on their platform—www. Facebook.com—which suggests that the applicant suffers from a disease known as ‘Prostatitis,’ constitutes an invasion of the applicant’s privacy as guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.”

Furthermore, he requests an order requiring the “respondents to immediately remove, erase, and delete the video titled ‘AfriCare Health Centre’ from their platform—www.facebook.com.”

In light of the damages caused by the publication, Falana is seeking general damages for $5,000,000 (Five Million US Dollars) and any additional relief the court may see fit to grant.

Falana claims that the false video published about his health status, which is a private matter, has tarnished his image and the reputation he has cultivated over the years. He argues that the respondent’s publication is false, offensive, and disturbing, portraying him in a false light and causing him mental and emotional distress.

The basis for the originating processes is that, as a reputable individual, he is entitled to the fundamental right to privacy under Section 37 of the 1999 Constitution (as amended). He contends that the respondents published his name and images, falsely attributing an illness to him, thereby violating his right to privacy as established in the Constitution and the Nigeria Data Protection Act 2023. The false narrative led to emotional and psychological distress.

In the affidavit supporting the motion, Falana states that he is well-known for his fearless legal battles, often challenging government policies and actions that infringe upon citizens’ rights. His practice encompasses many areas, including constitutional law, civil rights, public interest litigation, and international human rights law.

Falana is recognised for his advocacy in defending freedom of expression, protecting the rights of marginalised groups, and opposing governmental overreach.

He also alleges that the respondents operate a global social media platform known as www.facebook.com. On January 16, 2025, he discovered a video featuring him posted on the respondents’ platform under the “AfriCare Health Centre” page, which he submitted as an exhibit in the suit.

In the video that carries his name and image, he is purported to have said: “My name is Femi Falana, and I have been battling prostatitis for over 16 years. At the age of 50, I was diagnosed with this condition. Every day, I faced pain, discomfort, and constant fatigue. I had trouble urinating, lower back pain, and other symptoms that made it difficult to live a full life. Despite consulting the best urologists in the country, no one could offer me effective treatment. I was prescribed numerous medications, physical therapy, and even surgery, but these methods only temporarily alleviated the symptoms.”

He lamented the wrongful publication, stating that it has dramatically prejudiced him, as his health is part of his private life, and he has never suffered any such condition.