The paper critically examines the landmark Nigerian High Court decision in Adunni Adewale v Polance Media Limited & Anor. (2025), which established a crucial domestic precedent for the protection of digital privacy and the emergence of the Right to be Forgotten (RTBF). As traditional torts like defamation prove inadequate for an era of perpetual digital memory and data monetisation, the Court adopted a rights-based approach grounded in the Constitution and the Nigerian Data Protection Act (NDPA) 2023. The central question was whether a digital publisher’s use of the applicant’s name and photograph in a false and prejudicial context, primarily for traffic generation and advertising revenue, breached her right to privacy and violated the NDPA’s principles of fairness, lawfulness, transparency, and accuracy. The Court answered affirmatively, holding that the publication constituted a “false light” invasion of privacy, awarding ₦20,000,000 in damages, and ordering the deletion or expungement of the content. This paper examines the judgment’s progressive implications alongside its structural tensions. It interrogates the Court’s dismissal of the Respondents’ objection concerning the failure to first lodge a complaint with the Nigeria Data Protection Commission (NDPC), a decision that, while affirming constitutional access, risks undermining the NDPA’s regulatory coherence. It further questions whether the reliance on NDPA standards of “inaccuracy” and “misleading” processing lowered the evidential threshold required in defamation, potentially unsettling doctrinal clarity. Finally, the paper argues that the simple erasure order overlooks the technological complexities of data persistence in the age of Artificial Intelligence (AI). Ultimately, Adewale signifies the constitutionalisation of digital privacy in Nigeria and the urgent need for harmonisation between judicial and regulatory mechanisms.
December 5, 2025