The Federal High Court in Abuja, Nigeria, has issued a landmark ruling against Dominos Pizza, a restaurant chain operated by Eat’n’Go, for utilizing a customer’s data for direct marketing without consent.
Justice Emeka Nwite awarded Chukwunweike Akosa Araka N3,000,000 (Three Million Naira) after confirming that the restaurant sent him unsolicited marketing messages to his phone without his consent, compensating him for the violation of his fundamental rights.
The court judgement cited by JoyNews Mahmud Mohammed-Nurudeen determined that the restaurant’s use of Chukwunweike’s data for direct marketing was illegal and violated Section 37 of Nigeria’s Constitution, as well as Sections 25 and 26 of the Nigeria Data Protection Act, 2023. The case was highlighted on Paradigm Initiative’s Ripoti Platform, which then assisted the applicant in pursuing legal action.
Justice Nwite noted that the persistent unsolicited messages to the applicant violated his right to privacy and did not comply with the lawful data processing requirements outlined in Section 25 of the Act. In addition to compensating Chukwunweike for the breach of his fundamental rights, the judge ordered the restaurant to permanently delete the applicant’s personal data from its systems and to halt all unsolicited direct marketing communications.
Background to Akosa’s legal battle
Chukwunweike’s legal dispute with the restaurant began on December 14th, 2023, when he noticed that Dominos Pizza had sent him unsolicited messages to his cell phone, despite not having shared his personal data with the restaurant or given consent for its use in marketing.
The court was informed that the unsolicited messages, which began with the greeting “Hi Jumians,” continued and reached a total of 16 occurrences by May 25th, 2024. Upon further investigation, it was revealed that the customer’s personal data, initially provided to Jumia Food, an e-commerce platform, was shared with Dominos Pizza during the food order process. However, the data was subsequently used for marketing purposes without the applicant’s consent once the order was completed.
Jumia’s subsequent email response did not resolve the issue or prevent further violations. Chukwunweike, represented by Equibridge Attorneys (EBA), informed the court that he had sent a formal letter to Dominos Pizza requesting them to stop sending promotional messages, delete his personal data, and compensate him for the breach of his rights. However, the restaurant denied any wrongdoing or liability, leading Chukwunweike to pursue legal action to enforce his rights under the law.
The judge observed that Jumia Food, as a data controller under Section 65 of the Nigerian Data Protection Act, 2023, had a responsibility to ensure the lawful processing of Chukwunweike’s personal data. However, the judge determined that Jumia had fulfilled its duty of care by notifying Dominos Pizza to stop misusing the customer’s data and prevent any breach of its obligations under the Act. The court further ruled that, because there was a written agreement between Jumia and Dominos regarding such situations, Jumia was exonerated from liability for the breach, placing full responsibility on Dominos.
Equibridge Attorneys (EBA) stated that the judgment represents a significant victory for Paradigm Initiative, highlighting the crucial role of consent in data processing and reinforcing the privacy rights of individuals as protected under the Nigeria Data Protection Act, 2023, and the Federal Competition and Consumer Protection Act, 2018.
EBA also noted that the ruling against the second respondent (Dominos) for its direct marketing practices underscores the importance of businesses adhering to lawful data processing requirements.
“It is a judgement that affects all service providers who utilise customer data and send unsolicited marketing messages to customers. It is a judgement that establishes the right of Nigerians to the protection of their data especially from unwanted messages and advertisements,” the firm stated.
Senior Officer of Programs for Anglophone West Africa at PIN, Khadijah El-Usman, stated that this victory marks the second legal win in two years, highlighting the multiple ongoing cases. These include two cases against health-based institutions, two significant cases against government bodies, and two cases related to technology-facilitated gender-based violence and cyberbullying. Ongoing cases concerning digital identity violations, along with additional cases, are currently being pursued in Ghana, the DRC, and Kenya.
“Ripoti is a reporting and documentation platform for digital rights violations, providing transparency on cases. Since its relaunch in April 2024, we have received 50 reports, with statistics publicly accessible on the platform,” Khadijah said.
She also mentioned that the organization’s efforts extend beyond litigation. In many cases, they escalate issues to relevant authorities, such as National Human Rights Institutions and Data Protection Authorities. Additionally, they provide referrals for psychosocial support through specialized organizations and collaborate with partner organizations across different countries and regions to ensure appropriate responses.
“Ripoti continues to be a critical tool in addressing digital rights violations, including emerging threats in digital identity, privacy, and online safety”
Paradigm Initiative (PIN) expressed its satisfaction in supporting this crucial case, which emphasizes the need for stronger enforcement of data protection and digital rights. Through PIN’s Ripoti platform, they remain dedicated to helping individuals across Africa address various digital rights violations.
“Our goal is to hold both the private sector and government accountable, ensuring that digital rights are respected and protected for all. We look forward to continuing this work and strengthening digital rights advocacy across the continent,” PIN said.
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