According to Falana, this publication falsely suggested that he suffered from a disease known as 'Prostatitis,' which he claims constitutes an invasion of his privacy as guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.
Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana, has filed a $5,000,000 (Five Million US Dollars) lawsuit before a Lagos High Court against the United States-based organisation, Meta Platforms Inc., over an alleged invasion of his privacy.
In the originating motion brought pursuant to Section 37 of the 1999 Constitution (as amended) and sections 24(1)(A) and (E) & 34(1)(D) of the Nigeria Data Protection Act 2023, Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules, 2009, Falana, represented by his lawyer, Olumide Babalola, accused the organisation of publishing motion images and a voice captioned "AfriCare Health Centre" on their website.
According to Falana, this publication falsely suggested that he suffered from a disease known as 'Prostatitis,' which he claims constitutes an invasion of his privacy as guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.
Falana claimed the publication and the video as released through the organisation's platform -www.facebook.com, is "false, inaccurate, misleading and unfair to the Applicant and thereby violates the provision of section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023."
To this end, the reputable lawyer is praying the court for a declaration that the "Respondent’s continued publication of the Applicant’s name, still and motion images and purported voice on a page and video captioned “AfriCare Health Centre on their platform - www.facebook.com to the effect that the Applicant suffered from a disease known as ‘Prostatitis’ constitutes an invasion of the Applicants privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999."
Also, he is praying the court for an order mandating the "Respondents to forthwith remove, erase and delete the video captioned ‘AfriCare Health Centre’ on their platform - www.facebook.com."
For the damages the publication has caused him, Falana is asking for general damages in the sum of $5,000,000 (Five Million US Dollars) and a consequential order that the court may deem fit to grant in the circumstances.
Falana asserted that the published false video about his health status, which pertains to his private life, has tarnished his image and the reputation he has built over the years.
He argued that the publication by the Respondent, which is false, offensive, and disturbing, paints him in a false light, causing him mental and emotional distress.
The grounds for instituting the originating processes are that the Applicant, as a reputable individual, is guaranteed the enjoyment of the fundamental right to privacy under Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
He further argued that the Respondent published the Applicant's name and images and attributed a false illness to him, thereby violating his right to privacy as guaranteed by the Constitution and the Nigeria Data Protection Act 2023. As a result of the false story, he has suffered emotional and psychological distress.
In the affidavit supporting the motion, Falana stated that he is known for his fearless legal battles, often taking on cases against government policies and actions that infringe upon citizens' rights. His law practice covers a broad range of areas, including constitutional law, civil rights, public interest litigation, and international human rights law.
Falana said that he is recognised for his work in defending freedom of expression, advocating for the rights of marginalised groups, and challenging governmental overreach.
He alleged that the Respondent is a media company operating a global social media platform known as www.facebook.com and that on January 16, 2025, he discovered that a video of his person was posted on the Respondent’s platform under the page named ‘AfriCare Health Centre’ on the Respondent’s platform - www.facebook.comwhich he tendered as an Exhibit in the suit.
He noted: "In the video that carries my name, picture and purported video, I am reported to have said that: ‘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 urologist in the country, no one could offer me effective treatment, I was prescribed numerous medications, physical therapy even surgery but the problem was that these methods only temporarily relived the symptoms.”
He lamented the wrongful publication, stating that he has been greatly prejudiced by the Respondent's video. He emphasized that his health is a part of his private life, and he has never suffered from any disease known as 'Prostatitis.'
He averred that, "I have never had any dealing with the Respondent or its pages on issues with my health life.
“The video and its contents are false, inaccurate, misleading and unfair to me. The video paints me in a false light and as such an invasion of my privacy."
He claimed that the Respondent operates global platforms and anything published on these platforms are accessed and viewed by millions of people around the world. Hence, the stories have been viewed by millions of people since January 2023 when they were published on the Respondents platforms.
He said, "For the purpose of this suit, I do not find these stories libelous but since they are false and fabricated against me, I find them offensive, reckless, insensitive, disturbing and unjustifiable intrusion into my privacy by painting me in a false light.
"By the video, the Respondent’s page has given me a publicity that paints me in false light as the insinuations in the video are false and they infringe my right to privacy right to be let alone.
"At the time of deposing to this affidavit, the video has been published to the entire world on the Internet, and it has remained there for several weeks.
"For their failure to verify the page and video before publishing, I believe the Respondent’s publicity of my name and image in a false light was done carelessly and recklessly to draw traffic to the Respondent’s platform to boost its advertisement revenues.
"I believe that the Respondent’s use of my name and image in the video is unfair and insensitive to my feelings since they never verified the claims as expected.
"I find the Respondents’ publicity of my photograph and name in a false light highly offensive and emotionally disturbing. This continues to cause me anxiety, sadness and exposure to ridicule."
He, therefore, appealed to the court to intervene and protect his image from being tarnished.