Justice Sylvanus Oriji of the Federal Capital Territory (FCT) High Court in Abuja Tuesday, held that Mr Ali Bello failed to prove how his privacy right was violated by the senator representing Kogi Central, Natasha Akpoti-Uduaghan, for publishing his property on social media.
Bello is the nephew of former Kogi governor Yahaya Bello and was the Chief of Staff when Bello was governor.
She had sued Natasha for a privacy violation, accusing the senator of publishing his house on X, formerly Twitter, arguing that the publication of 2024 breached his right to privacy.
Akpoti-Uduaghan had, on 15 March 2024, allegedly posted on social media a house in Abuja, with its full address, allegedly listed among 14 houses under forfeiture proceedings instituted by the Economic and Financial Crimes Commission (EFCC) over corruption allegations.
“Dear @OffiicialEFCC, why did you delete this post on Facebook after I commented and requested that you kindly help find my favourite storybook ‘The Defeated White Lion’ at No.1 Dala Hills Street, off Agulu Lake Street, Maitama, Abuja?” She wrote on X.
“That white house was amongst the 14 properties you approached the court for forfeiture for in December 2022,” she added.
The viral post did not identify Mr Bello by name but mentioned ‘White Lion’, by which his uncle, Yahaya Bello, is informally known.
The Bellos are facing several corruption charges before separate judges in Abuja over allegations that stemmed from former Governor Bello’s eight-year administration in Kogi.
Following the post, Ali Bello sued Mrs Akpoti-Uduaghan for N1bn, alleging that the house at the address published in Mrs Akpoti-Uduaghan’s post was his.
He said contrary to the senator’s assertion, the referenced house neither belonged to former Governor Bello nor was it under any forfeiture order obtained by the EFCC.
He also said the post was filled with pointers to him, adding that ‘White Lion’ referred to in the post was his uncle, the former governor’s nickname.
Alongside denying the senator’s allegations, he accused her of submitting a petition against him to the police and the State Security Service (SSS) to strip him of his security apparatus.
Therefore, he alleged that Akpoti-Uduaghan violated his fundamental rights to privacy in his home, family life, dignity of person, personal liberty, and the right to own and acquire property under Sections 34(1), 35(1), 37, 43, and 44(1) of the Nigerian Constitution.
But Akpoti-Uduaghan, who is currently under a six-month suspension by the Senate, denied the allegations and urged the court to dismiss the suit.
In her counter-affidavit, Akpoti-Uduaghan alleged that Bello had mounted CCTV cameras to monitor her property for political reasons.
She also clarified that she shared the post to notify the EFCC of the whereabouts of the former Governor Bello, who has a running battle with the agency, adding that the property referenced in her post was among some properties under an interim forfeiture order obtained by the EFCC.
During court proceedings on the matter, Mr Bello’s lawyer, Adeola Adedipe, argued that Mrs Akpoti-Uduaghan acted with malice and bad faith. But the senator’s defence counsel, O.O. Ibrahim, maintained that there was nothing to show ill intent to warrant the filing of the suit.
The judge, however, criticised the senator for her social media conduct after posting Bello’s house on social media.
He lambasted the senator for her “reprehensible” social media post, which he adjudged to be unbefitting of her status.
However, delivering judgment, Justice Oriji ruled that Bello failed to establish how the post violated his right to privacy.
“Applicant failed to prove that the respondent’s post breached his fundamental right to privacy or privacy of his home or any right,” Mr Oriji declared.
He noted that the publication by Akpoti-Uduaghan did not refer to Mr Bello but to his house address, which is in a public space and cannot be an intrusion of privacy.
The judge also ruled that the applicant failed to establish that Akpoti-Uduaghan’s petition to the police caused the exposure of the privacy and security of his home.
The court upheld Mr Bello’s right to privacy but denied his ₦1bn damages claim.
The judge went ahead to scold the senator for her conduct on social media.
“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 without justification and on the unfounded belief that the property belonged to Yahaya Bello,” he said.
“Such conduct must be and is hereby deprecated by the court,” he added.
