The Federal High Court in Abuja has dismissed a N100 million privacy breach lawsuit filed against First City Monument Bank. Justice M.S. Liman delivered the judgment on July 14, 2026, according to a Certified True Copy of the ruling.
Background to the Case
Anyakora Onyedika Araka, through his counsel Ahmed Ayomide Esq., sued the bank seeking declaratory and injunctive reliefs as well as N100 million in damages. He alleged that FCMB processed his personal information and opened an account in his name without his knowledge, consent or authority.
The applicant claimed the bank used his Bank Verification Number, email address and other personal data to create and operate the account. He argued that this violated his constitutional right to privacy and the Nigeria Data Protection Act, 2023, and that it exposed him to emotional distress, reputational harm and the fear of financial fraud.
Court’s Findings
Justice Liman held that the applicant failed to prove, with credible and convincing evidence, that the bank deliberately or recklessly breached his rights. The judge noted that courts will not hesitate to grant appropriate constitutional and statutory remedies where evidence establishes deliberate misuse of personal information, reckless disregard for statutory obligations, persistent non-compliance, identity theft, unauthorised disclosure, fraudulent processing, or substantial injury caused by unlawful data processing.
He emphasised that each case turns on its own facts. In this instance, the bank responded responsibly once the complaint was received by investigating the matter and permanently closing the disputed account. “The law cannot ignore such prompt remedial action,” the judge stated.
The court found the application devoid of merit and dismissed it in its entirety, including the claim for N100 million damages and post-judgment interest. Justice Liman stressed that the decision does not diminish the obligations financial institutions owe under the Nigeria Data Protection Act, 2023.
Bank’s Defence
FCMB’s lawyer, Babatunde Ige Esq., denied liability. He said the bank activated its internal complaint-resolution process after receiving the applicant’s complaint, investigated the account, discovered irregularities and permanently closed it. The bank maintained that it acted in good faith and relied on provisions of Chapter IV of the 1999 Constitution and the Federal Competition and Consumer Protection Act.
Broader Implications
The ruling adds to Nigeria’s developing body of data-privacy case law. In June 2026, the Federal High Court in Abuja ordered Guaranty Trust Holding Company to stop sending direct marketing messages about “Fund 724” by Guaranty Trust Fund Managers to a non-customer, finding the processing of personal data for direct marketing unlawful under Section 36 of the Nigeria Data Protection Act.
For businesses and consumers, the latest judgment signals that courts will recognise responsible corporate responses while still holding institutions accountable for genuine data violations. Claimants must demonstrate deliberate or reckless misuse of personal information, rather than merely alleging a breach, before damages will be awarded.
