By Opeyemi Adelakun
The Independent National Electoral Commission (INEC) has told the Federal High Court in Abuja that information contained in the national register of voters is public and cannot be regarded as classified or confidential.
The electoral body made the submission in response to a N10 billion fundamental rights enforcement suit filed by Nollywood actor and former House of Representatives aspirant, Emeka Ike.
Ike dragged INEC and Lere Olayinka, media aide to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, to court over the publication of his voter registration details on the social media platform X.
The actor argued that the disclosure violated his constitutional right to privacy and personal data protection and is seeking N10 billion in damages.
However, INEC maintained that the information in dispute is legally available for public inspection under the Electoral Act 2026.
In a counter-affidavit deposed to by Anthonia Makwe, an Assistant Director and Data Protection Officer in the commission’s Legal Drafting and Clearance Department, INEC stated that it is empowered by law to compile, maintain, display and publish the register of voters as part of the electoral process.
The commission argued that voter information does not require the consent of individual registrants before publication, as the register is intended for public scrutiny.
INEC also informed the court that its responsibilities under the Constitution, the Electoral Act 2026 and the Nigeria Data Protection Act 2023 include maintaining and safeguarding voter records, while insisting that the information complained about was neither sensitive nor confidential.
The commission further argued that the document allegedly circulated by Olayinka did not originate from INEC and therefore could not be linked directly to the electoral body.
Olayinka denies unlawful disclosure
In his defence, Olayinka, through his counsel, Akpama Ekwe, denied any wrongdoing, maintaining that the information he published was already in the public domain and was not obtained through unlawful means.
He argued that the publication contained only basic voter information, including Ike’s name and passport photograph, adding that he owed the actor no duty of confidentiality.
Olayinka also contended that individuals seeking elective office are subject to public scrutiny, particularly regarding information voluntarily submitted during the electoral process.
Relying on Section 19(1) of the Electoral Act 2026, he argued that the law expressly provides for the display and publication of the voters’ register before elections.
The suit, marked FHC/ABJ/CS/1272/2026, was adjourned until October 12, 2026, when the Federal High Court is expected to hear the matter.
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