A Lagos High Court sitting at TBS has awarded $25,000 in damages to Femi Falana (SAN) in his lawsuit against Meta Platforms Inc., the US-based tech giant owned by Mark Zuckerberg, over the alleged invasion of his privacy.
Delivering judgment on Tuesday, January 13, Justice Olalekan Oresanya held that a global technology company like Meta, which hosts and monetises content on its platforms, owes a duty of care to individuals affected by material disseminated there.
The suit followed the circulation of a video on Facebook earlier in 2025 which falsely claimed that Falana was suffering from a terminal illness. Through his lawyer, Olumide Babalola, Falana argued that Meta published motion images and voice captions under the title “AfriCare Health Centre”, suggesting he suffered from prostatitis.
Falana said the publication violated his right to privacy as guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), adding that the false claims damaged his reputation and caused him mental and emotional distress.
In its ruling, the court rejected Meta’s argument that digital platforms can rely solely on “hosting” or “intermediary” defences, especially where content is monetised and the harm from misinformation is reasonably foreseeable. The judge held that the fact that Falana is a public figure does not strip him of his right to privacy, stressing that false medical information constitutes a serious intrusion into private life.
The court further ruled that Meta determines the means and purposes of content processing, controls distribution algorithms, and monetises pages, making it a joint data controller with page owners. As a result, Meta was held vicariously liable for the offensive video.
Justice Oresanya also found that Meta breached Section 24 of the Nigeria Data Protection Act (NDPA) by processing inaccurate and harmful personal data without a lawful basis. The court said Meta failed to put in place adequate safeguards, content-review mechanisms, and rapid takedown processes to mitigate foreseeable harm.
Falana’s lawyer described the ruling as a significant step toward platform accountability under Nigerian law, noting that it weakens the long-standing “mere platform” defence often relied upon by big technology companies.