Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has filed a $5 million lawsuit against Meta Platforms Inc., the U.S.-based tech giant owned by Mark Zuckerberg, over an alleged invasion of his privacy. The suit was instituted before a Lagos High Court.
In his originating motion, filed through his lawyer Olumide Babalola, Falana cited violations of Section 37 of the 1999 Constitution (as amended), Sections 24(1)(A) and (E), and Section 34(1)(D) of the Nigeria Data Protection Act 2023. He also referenced the Fundamental Rights Enforcement Procedure Rules of 2009.
Falana accused Meta of publishing a video on its platform, Facebook, under the page “AfriCare Health Center,” which falsely suggested that he had been suffering from prostatitis for over 16 years. The senior lawyer argued that this publication was “false, inaccurate, misleading, and unfair,” violating his right to privacy under Section 37 of the Constitution.
In his suit, Falana is seeking:
- A declaration that Meta’s continued publication of his name, images, and purported voice in connection with the video constitutes an invasion of his privacy.
- An order directing Meta to immediately remove the video from Facebook.
- General damages of $5 million for the alleged harm caused to his reputation.
Falana maintained that the video misrepresented his health status, tarnishing the name he has built over the years. He contended that the publication, which he called “false, offensive, and disturbing,” had caused him mental and emotional distress.
The affidavit supporting the suit emphasized Falana’s longstanding reputation as a fearless advocate for civil rights and constitutional law. He noted that Meta, as a global social media company, allowed the video to be viewed by millions worldwide without verification.
In the video, Falana was allegedly depicted as saying:
“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, even surgery, but these methods only temporarily relieved the symptoms.”
Falana argued that Meta’s failure to verify the content before publication was reckless and solely aimed at increasing traffic to its platform for advertising revenue.
“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 an unjustifiable intrusion into my privacy by painting me in a false light,” he stated.
He further claimed that the video had remained online for several weeks, exposing him to ridicule.
“I find the Respondent’s 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 added.
Falana is now urging the court to intervene and prevent further damage to his reputation.