By Ghazali Ibrahim
Legal practitioner and notary public, Olajide Abiodun, has said that the recent online publication of private messages by former presidential aide, Reno Omokri, could amount to a breach of Nigeria’s data protection laws and constitutional right to privacy.
In an interview with BlackBox Nigeria, Abiodun, who serves as the Vice Chairman of the Nigerian Bar Association (NBA), Ikorodu Branch, and Chairman of the Body of Vice Chairmen, explained that Omokri’s action may contravene the Nigeria Data Protection Act, 2023, if the messages contained personal data and were shared without the sender’s consent.
“Reno Omokri’s act of publishing private messages exchanged with individuals on social media platforms may constitute a breach of data protection law and other legal provisions under the Nigerian legal framework,” Abiodun said.
He noted that under Section 2 of the NDPA, communication records such as private messages qualify as personal data.
He further cited Section 24(1) of the Act, which mandates that personal data be processed lawfully and transparently, and Section 25, which requires the subject’s consent before any processing or disclosure, except in clearly defined legal exceptions.
“If Reno disclosed such private communications without the sender’s informed consent, and those communications contain personal identifiers or sensitive details, it may amount to unlawful processing and breach of confidentiality under the Act,” he said.
Abiodun also referenced Section 37 of the 1999 Constitution, which guarantees citizens’ right to privacy, including correspondence and communications.
He emphasized that the Constitution reinforces the protection of private messages, and their disclosure without consent could constitute a constitutional violation.
Beyond data protection laws, Abiodun pointed to Section 24(1) of the Cybercrimes (Prohibition, Prevention, etc.) Act, which criminalises the publication of messages that cause annoyance, distress, or harm.
While the mere publication of messages may not meet this threshold, he warned that “where such action is laced with intent to shame, harass, provoke hostility, or incite harm,” it could fall under the Act’s prohibitions.
He also explained that, even in the absence of statutory violation, a civil suit for breach of confidence could arise under common law where the sender had a reasonable expectation of privacy.
Asked whether Omokri could raise any legal defences, Abiodun acknowledged that arguments such as public interest, prior consent, or self-defence might be presented.
Also, M.M. Alashe Esq., commented on Reno’s act as to whether it can constitute breach of data or not. “Yes it can constitute breach of data as well breach of privacy as contained in the constitution. The Nigerian Data Protection Act further provided for details and categorised data protectors and controller. But Reno will not fall in any of the said category as he his not mandated to handle and process data. It will fall under breach of fundamental right.
“It is not an offence but a breach which compensation can be awarded, and apology be made. It can only amount to an offence or crime where there’s provision for a penal sanction. I.e a term of imprisonment or an option of fine or both.”
Reno Omokri had on Sunday shared screenshots of a 2022 email exchange between him and Labour Party presidential candidate, Peter Obi, via his social media platforms.
The publication stirred controversy online, with many questioning the ethics and legality of the disclosure.
