The Independent National Electoral Commission (INEC) has told the Federal High Court in Abuja that voter information contained in the national register is public information and not classified data.
The electoral body made the argument while responding to a N10 billion fundamental rights enforcement suit filed by Nollywood actor and former House of Representatives aspirant, Emeka Ike.
Ike had approached the court over the publication of his voter registration details on social media by Lere Olayinka, media aide to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The actor claimed that the disclosure violated his constitutional right to privacy and sought N10 billion in damages.
However, INEC maintained before the court that the information in dispute is not confidential and can legally be made available to the public under the provisions of the Electoral Act 2026.
The commission stated that it is empowered by law to compile, maintain, display and publish the register of voters. It argued that voter information is made available for public scrutiny as part of the electoral process and does not require the consent of individual voters before publication.
The position of the commission was contained in a counter-affidavit filed before the court by Anthonia Makwe, an Assistant Director and Data Protection Officer in INEC’s Legal Drafting and Clearance Department.
In the suit marked FHC/ABJ/CS/1272/2026, Ike is challenging the publication of details linked to his voter registration record on X.
Through his counsel, Leonard Adeh, the actor asked the court to declare that the publication of the information without his approval amounted to a breach of his right to privacy and personal data protection.
He also wants the court to hold the defendants liable for what he described as an unlawful disclosure of his personal information.
But Olayinka rejected the allegations.
In a counter-affidavit filed by his lawyer, Akpama Ekwe, the FCT minister’s aide argued that the information he shared was already in the public domain and was not obtained through any illegal means.
He further stated that the publication contained only basic voter information, including Ike’s name and passport photograph.
According to him, he owed the actor no duty of confidentiality and could not be held responsible for publishing information that was already publicly accessible.
Olayinka also argued that a person seeking public office cannot claim to have suffered emotional distress from the circulation of information submitted voluntarily during an electoral process.
He maintained that candidates and political actors are subject to public scrutiny, especially regarding information connected to their eligibility and participation in elections.
The defendant relied on Section 19(1) of the Electoral Act 2026, which provides for the display and publication of the voters’ register before elections.
INEC also informed the court that its responsibilities under the Constitution, the Electoral Act 2026 and the Nigeria Data Protection Act 2023 include managing and safeguarding voter records.
The commission insisted that the information complained about was neither sensitive nor confidential.
It further argued that the document allegedly published by Olayinka did not originate from INEC and therefore could not be linked directly to the commission.
INEC denied any breach of its obligation to protect voter data, adding that it has continued to maintain security measures around information under its custody.
When the matter came up before the court on Tuesday, the trial judge adjourned proceedings until October 12, 2026, for hearing.