Judgment
TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by Defendant against the Judgement of High Court of Edo, Benin Judicial Division delivered in suit No.B/167/0S/2016 on 12/03/2018. By her originating summons, the claimant sought the determination of the following questions: 1.
Whether the Defendant’s act of publishing or permitting the publication of a photograph of the claimant’s face photoshopped on another girl’s naked body (with words therein stating that the claimant was caught whilst stealing a Mobile Telephone in Oba Market in Benin City, Nigeria) and circulating or permitting the circulation of the said photograph and words among several persons on its widely used website www.facebook.com worldwide, including Benin City in Edo State, without the claimant’s prior knowledge or consent is not a gross violation of the claimant’s Right to Privacy guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and illegal and actionable. 2.
Further, or in the Alternative, whether the Defendant’s act of publishing or permitting the publication of a photograph of the claimant’s face photo shopped on another girl’s naked body (with words therein stating that the claimant was caught whilst stealing a Mobile Telephone in Oba Market in Benin City, Nigeria) and circulating or permitting the circulation of the said photograph and words among several persons on its widely used website www.facebook.com worldwide, including Benin City in Edo State, is not a defamation of the character and person of the Claimant. 3.
Whether this Honourable Court has the power to grant the reliefs sought by the claimant to remedy the Defendant’s action. The claimant consequently sought the following reliefs: a.
A DECLARATION that the Defendant’s act of publishing or permitting the publication of a photograph of the claimant’s face photo shopped on another girl’s naked body (with words therein stating that the claimant was caught whilst stealing a Mobile Telephone in Oba Market in Benin City, Nigeria) and circulating or permitting the circulation of the said photograph and words among several persons on its widely used website www.facebook.com worldwide, including Benin City in Edo State, without the claimant’s prior knowledge or consent is not a gross violation of the claimant’s Right to Privacy guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and illegal and actionable is unlawful, illegal and breach of the claimant’s Right to Privacy guaranteed by Nigeria law and Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). b.
