The Federal High Court in Abuja has dismissed a N100 million alleged privacy breach suit instituted against First City Monument Bank (FCMB).
Justice M.S. Liman delivered the judgment on July 14, 2026, according to the Certified True Copy (CTC) of the judgment obtained by Nairametrics.
Counsel to Anyakora Onyedika Araka, Ahmed Ayomide, Esq., dragged the bank to court, seeking several declaratory and injunctive reliefs, as well as N100 million in damages.
The applicant claimed alleged unauthorized processing of his personal information and the opening of a bank account purportedly in his name without his knowledge, consent, or authority.
But the bank countered the applicant through its lawyer, Babatunde Ige Esq
Delivering his verdict, the judge observed that the applicant failed to prove, by credible and convincing evidence, that the bank deliberately or recklessly violated his constitutional rights or processed his personal information in a manner that attracted the reliefs sought.
He explained that “where evidence establishes deliberate misuse of personal information, reckless disregard for statutory obligations, persistent non-compliance, identity theft, unauthorized disclosure, fraudulent processing, or substantial injury occasioned by unlawful data processing, the courts will not hesitate to grant appropriate constitutional and statutory remedies, including substantial compensatory damages where the circumstances so warrant.”
He added, however, that each case must necessarily depend on its own peculiar facts.
In the instant case, the judge found that the affidavit evidence consistently demonstrated that immediately the privacy breach complaint came to the bank’s attention, it acted responsibly by investigating the complaint and permanently closing the disputed account.
“The law cannot ignore such prompt remedial action. Courts must always encourage responsible corporate conduct while ensuring that genuine violations are appropriately sanctioned,” the judge added.
Having considered all the affidavit evidence, documentary exhibits, submissions of learned counsel, and the applicable principles of law, Justice Liman expressed satisfaction that “the Applicant has failed to establish any legal or factual basis upon which the reliefs sought may properly be granted.”
The judge declared that the application was “devoid of merit and accordingly fails.”
The court dismissed the application in its entirety, including the claims for N100 million in damages and post-judgment interest.
The judge stressed that his judgment does not diminish the importance of data privacy or reduce the obligations imposed upon financial institutions under the Nigeria Data Protection Act, 2023.
Prior to the court’s judgment, Araka told the court that the bank allegedly processed his personal data, including his Bank Verification Number (BVN), email address, and other personal information, to create and operate an account without his authorization, thereby violating his constitutional right to privacy and the statutory obligations imposed by the Nigeria Data Protection Act, 2023.
The applicant further contended that such conduct exposed him to alleged emotional distress, reputational injury, and apprehension of possible financial fraud, thereby entitling him to declaratory reliefs, perpetual injunctions, and monetary compensation.
Reacting to the case, the bank’s lawyer, Babatunde Ige, Esq., denied liability and stated that when the bank received the applicant’s complaint, it triggered its internal complaint resolution mechanism, investigated the matter, discovered the irregularities surrounding the account, and permanently closed it.
Ige insisted that the bank acted in good faith, as required by law, and did not exploit the applicant’s information for any unlawful purpose, nor did it derive any benefit from the account.
The lawyer cited Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Federal Competition and Consumer Protection Act (FCCPA), arguing that there was no breach of the applicant’s right to fair dealings.
The instant judgment has further enriched the jurisprudence on what constitutes legality and illegality in data privacy disputes.
Earlier, in June 2026, the Federal High Court in Abuja ordered Guaranty Trust Holding Company Plc (GTCO) to cease and desist from sending direct marketing messages introducing “Fund 724” by Guaranty Trust Fund Managers to a non-customer, pursuant to Section 36 of the Nigeria Data Protection Act, 2023.
Consequently, the court declared that the processing of the applicant’s personal data by the bank for advertising and direct marketing purposes was unlawful, illegitimate, null, and void.
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