Legal opinion on persons sharing Ogechi Njaka’s nullified police wanted notice
By Reuben Boma Esq.
Recently, the ECOWAS Court nullified the Nigeria Police gazetted wanted notice issued against Ogechi Njaka. Despite the judgment, some persons have continued to share the notice on social media. This article attempts to explain the legal liabilities such persons may attract under the Nigeria Data Protection Act (NDPA) 2023 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The continued sharing of the old police wanted notice for Ogechi Njaka on Facebook, or any other platform, after the ECOWAS Court judgment delivered around June 24, 2026, is highly problematic and may expose those responsible to legal liability under Nigerian law.
Key facts from the ECOWAS judgment
The ECOWAS Community Court of Justice (Case No. ECW/CCJ/APP/18/24) ruled that the Nigeria Police Force’s wanted notice violated Ogechi Njaka’s fundamental rights. Specifically, the court held that:
- The notice improperly portrayed her as guilty of criminal offences before any judicial determination, thereby violating the presumption of innocence under Article 7(1)(b) of the African Charter on Human and Peoples’ Rights and Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR).
- The publication subjected her to stigma, humiliation, social exclusion, and reputational harm, thereby violating her right to human dignity.
Court orders (binding on Nigeria)
The court ordered that the Nigeria Police Force should:
- Immediately remove the wanted notice from its bulletin and every other platform where it was published.
- Publish the judgment in the Official Gazette and on the Nigeria Police Force website for six months.
- Pay Ogechi Njaka ₦1 million as compensation.
The judgment effectively nullified the legal validity of the wanted notice. Consequently, continued circulation of the notice disregards a binding judgment of the ECOWAS Court.
Potential legal violations by persons sharing the notice
Breach of privacy under Section 37 of the 1999 Constitution (as amended)
Section 37 of the Constitution provides that:
“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”
Nigerian courts have interpreted this constitutional protection to include informational privacy—the right of individuals to control how their personal information, including photographs, names, and official records, is collected, processed, used, and disseminated.
Sharing a police wanted notice that has already been nullified by a competent court, and which still contains Ogechi Njaka’s photograph, name, and allegations, continues to expose her to public stigma and reputational damage.
Such conduct may be actionable through a fundamental rights enforcement suit, and Nigerian courts have awarded damages in similar matters involving unlawful disclosure or misuse of personal information.
Nigeria Data Protection Act (NDPA) 2023
The Nigeria Data Protection Act (NDPA) gives practical effect to Section 37 of the Constitution by regulating the processing of personal data, including its collection, storage, use, disclosure, and dissemination.
Key principles under Section 24
Personal data must be processed:
- Lawfully;
- Fairly and transparently;
- For specified and legitimate purposes;
- Accurately;
- Only to the extent necessary; and
- In a manner compatible with those lawful purposes.
Sharing outdated or court-nullified information after the ECOWAS judgment may violate the principles of accuracy, lawfulness, and purpose limitation because the wanted notice is no longer a valid official record.
Rights of the data subject (Sections 34–38)
The NDPA grants individuals rights including:
- The right to rectification;
- The right to erasure (the “right to be forgotten”);
- The right to object to processing; and
- The right to seek remedies for unlawful processing.
Continuing to circulate the notice after a court ordered its removal may interfere with these statutory rights.
Consequences of breach
The Act empowers the Nigeria Data Protection Commission (NDPC) to investigate violations and impose sanctions.
Unauthorised dissemination of personal data may expose offenders to investigations, regulatory penalties, civil liability, and claims for damages.
Individuals who knowingly continue to circulate the wanted notice on social media, particularly after becoming aware of the ECOWAS judgment, may be liable for unlawful processing of personal data.
Defamation
Continued publication of the wanted notice may falsely suggest that Ogechi Njaka remains a fugitive or is guilty of criminal offences despite the ECOWAS Court’s decision.
Such publication may therefore constitute libel, requiring proof of publication, defamatory meaning, and resulting reputational damage.
Traditional defences such as justification (truth) or fair comment may not be available where the court has already nullified the legal basis of the publication. Evidence of malice or reckless disregard for the court’s judgment may further aggravate liability.
Other legal considerations
Contempt or disobedience of court orders
Although contempt proceedings primarily apply to parties directly bound by the judgment, continued circulation of content which the court ordered removed could be viewed as conduct that undermines the authority and effectiveness of the court’s decision.
The relevant provisions of the NDPA also reinforce the obligations relating to lawful, fair, and accurate processing of personal data.
Practical advice
For persons sharing the notice
Anyone who has shared the wanted notice should remove it immediately upon becoming aware of the ECOWAS judgment. Continued publication after notice may strengthen claims for aggravated damages. Ignorance of the judgment may be a weak defence, particularly because the decision has been widely reported.
For Ogechi Njaka
Ogechi Njaka appears to have strong legal grounds to pursue:
- A fundamental rights enforcement action before the appropriate High Court or Federal High Court;
- A complaint before the Nigeria Data Protection Commission (NDPC); and
- A civil action for defamation.
Available remedies may include damages, retractions, public apologies, and injunctive relief. ECOWAS Court judgments are enforceable within Nigeria.
Platform liability
Social media platforms, including Facebook, may also have obligations under applicable data protection laws and intermediary rules to act on valid takedown requests relating to unlawful or court-nullified content.
