Court dismisses N100m privacy breach suit against FCMB

The Federal High Court in Abuja has dismissed a N100 million privacy breach suit filed against First City Monument Bank (FCMB). Justice M.S. Liman delivered the judgment on July 14, 2026, according to the Certified True Copy of the judgment obtained by Nairametrics.

The case

Anyakora Onyedika Araka, through his counsel Ahmed Ayomide Esq., dragged the bank to court seeking declaratory and injunctive reliefs plus N100 million in damages. He claimed the bank processed his personal information and opened an account in his name without his knowledge, consent, or authority.

The applicant argued that the bank used his Bank Verification Number (BVN), email address, and other personal data to create and operate the account. He said this violated his constitutional right to privacy and the Nigeria Data Protection Act, 2023, exposing him to emotional distress, reputational injury, and fear of financial fraud.

What the court said

Justice Liman observed that the applicant failed to prove, by credible and convincing evidence, that the bank deliberately or recklessly violated his rights. The judge stated that “where evidence establishes deliberate misuse of personal information, reckless disregard for statutory obligations, persistent non-compliance, identity theft, unauthorized disclosure, fraudulent processing, or substantial injury occasioned by unlawful data processing, the courts will not hesitate to grant appropriate constitutional and statutory remedies.”

He added that each case depends on its own facts. In this instance, the bank acted responsibly once the complaint came to its attention by investigating and permanently closing the disputed account. “The law cannot ignore such prompt remedial action,” the judge said.

The court found the application “devoid of merit” and dismissed it entirely, including the claim for N100 million damages and post-judgment interest. The judge stressed that the ruling does not reduce the obligations financial institutions owe under the Nigeria Data Protection Act, 2023.

Bank’s defence

FCMB’s lawyer, Babatunde Ige Esq., denied liability and said the bank triggered its internal complaint resolution mechanism after receiving the applicant’s complaint. It investigated, discovered irregularities around the account, and permanently closed it. Ige insisted the bank acted in good faith and cited Chapter IV of the 1999 Constitution and the Federal Competition and Consumer Protection Act (FCCPA).

What you should know

The judgment adds to Nigeria’s growing data privacy jurisprudence. In June 2026, the Federal High Court in Abuja ordered Guaranty Trust Holding Company Plc (GTCO) to stop sending direct marketing messages on “Fund 724” by Guaranty Trust Fund Managers to a non-customer, under Section 36 of the Nigeria Data Protection Act, 2023. In that case, the court declared the data processing for direct marketing unlawful.

For Nigerian businesses and consumers, this latest ruling signals that courts will reward responsible corporate conduct while still punishing genuine data violations. Claimants must show deliberate or reckless misuse of personal information, not just allege a breach, before damages will be awarded.