A fundamental rights enforcement suit has been filed before the Federal High Court sitting in Owerri, Imo State, against TikTok Pte Limited and the Nigeria Data Protection Commission (NDPC) over alleged breaches of privacy rights and non-compliance with the Nigeria Data Protection Act, 2023.
The suit, FHC/OW/FHR/15/25, was instituted by Mr. Emmanuel T. Okpara and Miss Chioma Roseline Onwubuariri, through an Originating Summons dated 26th February, 2025, seeking declaratory and injunctive reliefs against the respondents.
The applicants are urging the court to determine several questions relating to the enforcement of privacy rights, particularly the protection of minors on digital platforms. Among the key questions posed for the court’s determination are:
- Whether a breach of the Nigeria Data Protection Act (NDPA) 2023 and the Nigeria Data Protection Regulation 2019 amounts to an interference with the constitutional right to privacy under section 37 of the 1999 Constitution (as amended);
- Whether TikTok’s processing of the 2nd Applicant’s personal data without valid consent violates the NDPA 2023;
- Whether TikTok’s privacy policy as it relates to children and teens contravenes section 31 of the NDPA 2023; and
- Whether the NDPC has a statutory duty to sanction TikTok for non-compliance with the Act.
The applicants also sought three specific orders against the NDPC, including:
- An order compelling the Commission to investigate and sanction TikTok for non-compliance with the NDPA;
- An order mandating the publication of an enforcement report detailing compliance actions; and
- An order directing the NDPC to issue regulations governing the processing of personal data of children aged 13 and above, in line with section 31(5) of the Act.
TikTok, in response, filed both a counter-affidavit and a notice of preliminary objection, challenging the court’s jurisdiction. The company argued that the suit was incompetent on several grounds, including that the 2nd Applicant, being a minor, is not a juristic person capable of instituting legal proceedings, and that the processes were not properly endorsed for service outside jurisdiction. TikTok also contended that the matter was improperly commenced under the Fundamental Rights (Enforcement Procedure) Rules.
However, in its counter-affidavit, TikTok reportedly admitted to not having filed a data protection audit report with the NDPC and to not having appointed a Data Protection Officer as required by law.
The NDPC, on its part, filed only a preliminary objection, also challenging the competence of the suit and the court’s jurisdiction. The Commission argued that the action was improperly commenced and failed to comply with the procedural requirements of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
No date has yet been fixed for hearing.
Mr. Okpara explained that his interest in the matter was triggered by personal concerns over the exposure of minors to harmful content on TikTok. He alleged that his teenage sister-in-law began exhibiting troubling behaviour linked to the content consumed on the platform, which prompted him to investigate TikTok’s data protection practices in Nigeria.
His findings allegedly revealed that TikTok had neither filed a data audit compliance report with the NDPC nor appointed a Data Protection Officer, both of which are statutory obligations under the NDPA 2023. Following an unanswered letter to TikTok dated 25th November 2024 and a pre-action notice to the NDPC, he proceeded to commence legal action.
The case, which raises significant questions about the privacy rights of minors online, data protection enforcement, and regulatory accountability, is expected to test the practical implementation of Nigeria’s Data Protection Act, 2023.
