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The Independent National Electoral Commission (INEC) has asked the Federal High Court in Abuja to dismiss the ₦10 billion fundamental rights suit filed by Nollywood actor and House of Representatives aspirant, Emeka Ike, arguing that voter registration information is public and not confidential under Nigerian law.
In a counter-affidavit filed in response to the suit, INEC maintained that the voter information at the centre of the dispute was published in accordance with the Electoral Act 2026 and that the commission is legally empowered to make such records available without obtaining the consent of registered voters.
The affidavit, deposed to by Anthonia Makwe, an Assistant Director and Data Protection Officer in INEC’s Legal Drafting and Clearance Department, was filed in opposition to the suit marked FHC/ABJ/CS/1272/2026.
Ike sued INEC and Lere Olayinka, media aide to the Minister of the Federal Capital Territory, Nyesom Wike, alleging that the publication of his voter registration details on X violated his constitutional right to privacy and personal data protection. He is seeking N10 billion in damages.
However, Olayinka, through his counsel, Akpama Ekwe, argued that the information he shared was already in the public domain and was lawfully accessible.
He told the court that the publication contained only Ike’s name and passport photograph and did not breach any duty of confidentiality.
According to Olayinka, “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.”
He also relied on Section 19(1) of the Electoral Act 2026, which requires INEC to display and publish the register of voters before a general election for public scrutiny.
INEC further argued that its constitutional responsibilities include compiling, maintaining, displaying, publishing and managing the national register of voters in line with the Constitution, the Electoral Act 2026 and the Nigeria Data Protection Act 2023.
The commission added that the information complained of was neither sensitive nor confidential and insisted that the document allegedly published by Olayinka did not originate from INEC.
After taking submissions from the parties, the trial judge adjourned the matter until October 12, 2026, for hearing.
