March 04, (THEWILL) – A Federal High Court in Kano, presided over by Justice Mamman Nasir Yunus, has ordered Taj Bank Limited and three others to pay N20 million to Alhaji Bello Yakasai (the applicant) as damages for unlawfully displaying his family portrait on a banner containing the respondents’ business information in their banking halls in Kano and other locations, without his consent.
The Three other Respondents in the suit are Monica Liang, Shenzhen Leiming Technology Dev. Co. LTD and Lemi Renewable Energy. LTD.
Alhaji Bello Abba Yakasai has through his counsel, Barrister Suleiman, approached the court seeking to declare that the continuous displaying of his family image inside a banking halls of Taj Bank Limited on a long standing banner containing the business information of 1st to 3rd Respondents is an unwarranted violation of his inviolable right to private and family life as expressly contained under section 37 of the constitution of Federal Republic of Nigeria, 1999 (as amended) and Article 17 of the International Covenant on Civil Political Rights, (ICPPR).
The Application was supported by Affidavit of 26 paragraphs deposed to by Applicant himself.
Attached to the Application further were exhibits C, D, E, F, G, G1, G2, J, J1 and written address of the Counsel respectively.
In opposition, however, the fourth Respondent, through his counsel, Yakubu A.H Ruba SAN filed a counter Affidavit to the motion on Notice dated 16th May, 2024.
Attached with the exhibit include TV1, TV2, TV3 and TV4 respectively.
In his judgement, Justice Mamman Nasir Yunus averred that:
“That the 1st to 3 Respondents procurement and public display of the Applicant’s family image/picture/portrait on a long standing banner containing the information of the 1st to 3rd Respondents’ business name across the 4th Respondent’s banking hall branches in Kano and storing of same on the data base of the Respondents for commercial without the Applicant’s consent first sought and obtained
is an unwarranted infraction or violation of the Applicant’s inviolable right to private and family life as expressly contained under section 37 of the constitution of Federal Republic of Nigeria 1999 (as amended) and article 17 of the International Covenant on Civil Political Rights (ICCPR).
That the continuous public display of the Applicant’s family image/picture/portrait on a long standing banner containing the information of the 1st to 3rd Respondent’s business name across the 4th Respondent’s banking hall branches in Kano and the storing data base of the Respondent for commercial needs without the Applicant’s consent first sought and obtained is an unwarranted infraction or violation of the Applicant’s inviolable right to private and family life as expressly contained under section 37 of the Constitution of Federal Republic of Nigeria 1999 (as amended) and article 17 of the International covenant on civil political rights (ICCPR).
“That the Respondent are hereby ordered to withdraw or cause to be withdrawn from circulation within and outside Nigeria and other platforms all the printed and distributed copies of the Applicant’s family image/picture/portrait containing the information of the 1 to 3d Respondent’s Business name.
That the Respondents are hereby restrained by themselves, privies agents, representatives, whomsoever and howsoever from any further public display of the Applicant’s family image/picture/portrait on a long standing banner containing the information of the 1st to 3rd Respondent’s business name across the 4th Respondent banking halls in Kano and all other places including the Respondents’ data base.
That the Respondents are hereby ordered to pay the sum of N20,000,000 as damages for the unlawful breach of the Applicant’s rights to privacy and family life.
Abdullahi Yusuf is a seasoned journalist, communicator and was previously the Deputy Editor-In-Chief and Zonal Manager, News Agency of Nigeria, NAN, Jos, where he retired on December 15, 2021
