Lawyer sues his former employer, Aluko and Oyebode & co, for intercepting his Whatsapp Chat

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Nigerian Lawyer, Ikemefuna Stephen Nwoye Esq. has dragged his former employer, the law firm of Aluko & Oyebode, and co to court for intercepting and using his whatsapp chat in his Law School Whatsapp group.

 

 

According to a report published on StephenLegal blog, the lawyer who was called to Bar in 2012 and briefly worked with the top firm filed a fundamental human Right suit against the Law Firm and some senior Members of the firm for intercepting his Chat on instant messaging app whatsapp among other grounds.

According to the report, Mr Nwoye is praying the court for these reliefs against his former employers:

 

1. A DECLARATION that the 1st Respondent through its agents the 2nd, 3rd and 4th Respondents harassed, threatened, battered and intercepted electronic private correspondence (WhatsApp and SMS messages) and interfered with the right of association of the Applicant thereby breaching the Applicant’s right of dignity of human person, right to privacy, right to expression and right to association guaranteed by Sections 34, 37, 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5, 6, 9 and 10 of the African Charter on Human And People’s Rights Act.

2. A DECLARATION that the 1st Respondent through its agents, privies, collaborators and cohorts posing as officials of the Obalende Local Council Development Authority (LCDA) of Lagos State did unlawfully detain, harassed, vandalized the car and extorted NGN10,000 (Ten Thousand Naira) from the Applicant thereby breaching the Applicant’s right to personal liberty and right to movement guaranteed by Sections 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 6 and 12 of the African Charter on Human and People’s Rights Act.

3. A DECLARATION that the 2nd Respondent acting for the 1st Respondent harassed, threatened and intimidated the Applicant and without lawful authorisation subject the Applicant’s property to search without a lawful warrant during meetings held at the Georges Hotel, Ikoyi in 2019, thereby breaching the Applicant’s right to dignity of human person and right to personal liberty guaranteed by Sections 34 and 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5 and 6 of the African Charter on Human And People’s Rights Act.

4. A DECLARATION that the 3rd Respondent battered, harassed and placed the Applicant in constant fear of further battery and bodily harm during his employment with the 1st Respondent by his action of attacking (‘hitting’) the Applicant from behind with a hardcover textbook pulled out from one of the books stacked on the librarian’s desk thereby breaching the Applicant’s right to dignity of human person guaranteed by Sections 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5 and 6 of the African Charter on Human And People’s Rights Act.

5. A DECLARATION that the 4th Respondent intercepted electronic private correspondence (WhatsApp and SMS messages) and interfered with the rights of thoughts and conscience; expression and association of the Applicant and other members of the Nigerian Law School, Class of 2010/2011 WhatsApp Group, when he unlawful obtained privately exchanged WhatsApp messages and used them for various unauthorised purposes including for purposes of submission of an Originating Complaint to the Nigerian Legal Practitioners Disciplinary Committee thereby breaching the Applicants right to private life, right to freedom of thought and conscience, right to expression and right to association guaranteed by Sections 34, 37, 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5, 6, 9 and 10 of the African Charter on Human And People’s Rights Act.

6. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st , 2nd , 3rd and 4th Respondents, their officers, privies, agents, collaborators and cohorts by themselves or through any person(s) whomsoever from interfering with, interrupting, obstructing and or taking any action capable of breaching or meddling with the Applicant’s right dignity of human person, right to liberty, right to privacy, right to freedom of thought and conscience; right to freedom of expression and right to association and other fundamental human rights in any way whatsoever.

7. AN ORDER for NGN100,000,000. 00 (One Hundred Million Naira) only as general damages in favour of the Applicant against the 1st, 2nd, 3rd, and 4th Respondents, jointly and severally, for the various breaches of the Applicant’s Fundamental Rights.

8. AN ORDER for NGN10,000,000.00 (Ten Million Naira only) being costs of this litigation.

 


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