How victims of leaked nude images can seek justice under Nigerian law – Lawyers

Legal experts have advised victims whose nude images were shared online without their consent to pursue both civil and criminal actions under Nigerian law, citing violations of privacy, dignity and digital rights.

In separate interviews with the News Agency of Nigeria (NAN) in Lagos, the lawyers condemned the unauthorised publication of intimate photos, particularly in cases involving models whose images were leaked by companies without consent, describing it as a breach of constitutional and statutory protections.

Human rights lawyer Mrs Jumoke Ajayi said affected individuals could approach the courts to enforce their fundamental right to privacy under Section 37 of the 1999 Constitution (as amended).

‘When a person’s nude photos are published without consent, it amounts to an infringement of that right and defamation of character. The victim can sue both the company and the individuals involved,’ she said.

Ajayi added that victims could also file petitions with law-enforcement agencies under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, noting that Section 24 of the Act criminalises the distribution of intimate images without consent – an offence punishable by imprisonment.

Another Lagos-based lawyer, Mr Franklin Ojumu, stressed the importance of consent and clear contractual terms in modelling agreements. He said individuals must carefully review all clauses before signing, adding that if nude or semi-nude photographs were not expressly agreed, any publication of such images could be legally challenged.

‘Even if there was consent, it does not give the company unlimited rights to publish or share those images online,’ he said, noting that victims could claim damages for emotional distress, reputational harm and invasion of privacy.

Ojumu observed that Nigerian courts are becoming more receptive to digital-rights violations, and well-presented cases could set strong legal precedents.

Similarly, Mr Chibuikem Opara of the Justification Firm in Ikeja described the act as cyberbullying, actionable under the Cybercrimes Act.

He said victims could report to law-enforcement agencies and request that the ‘corporate veil’ be lifted so individuals behind the offence could be held personally liable.

He added that, under civil law, victims could sue for breach of contract, fraudulent misrepresentation and inhuman or degrading treatment, potentially at the National Industrial Court if employment or labour issues are involved.

Also weighing in, Mr Ademola Owolabi, managing partner at Adetokunbo and Co. Chambers, said the act represents a case where a contractual relationship gives rise to criminal liability, given that the company used the model’s images without express permission.

Mr Ogedi Ogu, country director of Advocacy for Justice and Accountability, described the incident as a violation of fundamental human rights.

‘I do not think the agreement to model for the company included posing nude, nor does it entitle the company to obtain, retain or commercialise her nude photos,’ Ogu said.

He added that the affected individual could seek damages and injunctive relief to restrain the company from further sharing or distributing the images.

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