A Federal Capital Territory (FCT) High Court in Maitama has criticised suspended Senator Natasha Akpoti-Uduaghan for what it described as improper conduct on social media, involving the posting of private information about Ali Bello, chief of staff to Kogi State governor, Usman Ododo.
Justice Sylvanus Oriji, delivering judgment on Tuesday in a fundamental rights enforcement suit filed by Bello, held that Akpoti-Uduaghan’s actions fell short of expectations from a public figure of her standing.
“Before I go further, the point must be made that it is improper, reprehensible and unconscionable for a distinguished senator of the Federal Republic of Nigeria to post the picture of the applicant’s house and the house address on her X social media page on the unfounded belief that the property belonged to Yahaya Bello, former Governor of Kogi State,” the judge said. “Such conduct must be and is hereby deprecated by the Court.”
Bello had filed the suit, marked FCT/HC/CV/2574/2024, on May 21, 2024, claiming that the senator violated his right to privacy under Section 37 of the Nigerian Constitution. Through his counsel, Adeola Adedipe, SAN, Bello sought eight reliefs, including N1 billion in general damages, after Akpoti-Uduaghan allegedly posted images and the address of his residence on X (formerly Twitter) on March 15, 2024.
In the post, Akpoti-Uduaghan reportedly alleged that Bello was harbouring former Governor Yahaya Bello at his residence during a period when the Economic and Financial Crimes Commission (EFCC) was seeking the ex-governor. She further claimed the Abuja home belonged to the former governor, whom she referred to as the “White Lion of Kogi.”
Justice Oriji, however, ruled that the property was publicly visible and did not constitute a violation of privacy in that regard. He added that the social media post “would not be considered highly offensive to an objectively reasonable person.”
Nonetheless, he found that the senator failed to substantiate her claims regarding the ownership of the property or the presence of Yahaya Bello at the residence during the EFCC’s search.
“Respondent failed to establish her claim that the said property contained in Exhibit AB 2 was one of the properties in respect of which the EFCC obtained an interim order of forfeiture,” Oriji said.
“She also failed to establish her assertion that she had information that Yahaya Bello was in the said property at the time he was wanted by the EFCC.”
The court upheld Bello’s ownership of the property, stating there was no contrary evidence presented by the respondent. “In the absence of any contrary proof by the respondent, the court accepts the applicant’s assertion that he is the owner of the property, that he lives there with his family,” Justice Oriji noted.
The judge also pointed out that a visit to the property confirmed that Bello resided there with his family, strengthening his claim of privacy infringement.
“From all that I have said, the court agrees with the submission of the learned senior counsel for the applicant, Adeola Adedipe, SAN, that the respondent did not have any justification to make the publication or post on her X social media page, which she admitted meant that the former Governor of Kogi State, Yahaya Bello was hiding at No. 1 Dala Hills, Maitama,” Oriji ruled.
On the broader implications of the case, the court reaffirmed the constitutional guarantee of citizens’ right to privacy.
“It is correct that the applicant, like all other citizens, is entitled to the fundamental right guaranteed by Section 4 of the 1999 Constitution as amended,” the judge stated. “Therefore, the applicant is entitled to this relief, which is a general declaration.”
Justice Oriji, however, ruled that both parties would bear their respective legal costs.
