On June 11, 2026, the Federal High Court sitting in Abuja delivered a judgment addressing unauthorised data processing and unsolicited corporate messaging by financial institutions.
In Abdulmalik Muhaimin Onimisi v. Guaranty Trust Holding Company Plc, the Applicant, a non-customer of GTCO, received unsolicited direct marketing messages promoting “Fund 724” (managed by Guaranty Trust Fund Managers). Despite a written objection and a promise from the bank to stop, marketing messages continued.
Justice Obiora Egwuatu ruled that financial institutions cannot lawfully send unsolicited marketing messages to individuals who hold no account with them, declaring such conduct a direct violation of Section 37 of the Constitution of the Federal Republic of Nigeria and Section 36 of the Nigeria Data Protection Act (NDPA), 2023. The Court further held that none of the six lawful bases for data processing under Section 25 of the NDPA including consent, contract, legal obligation, vital interest, public task, or legitimate interest, could be established in respect of a non-customer who had never supplied his personal information to the institution.
This judgment reaffirms that every Nigerian has enforceable privacy rights against unsolicited commercial outreach. If you receive unsolicited marketing messages from a financial institution you have no relationship with, you have the right to formally object in writing, demand the deletion of your personal data, and require the institution to disclose how it obtained your contact information. Non-compliance with such a request, as this judgment demonstrates, is actionable before the courts.
Financial institutions and data processors would do well to take note that marketing campaigns premised on unverified or externally sourced personal data carry significant legal exposure. Thus, adherence to the NDPA is a mandatory legal obligation, not a voluntary undertaking, and courts possess both the jurisdiction and the willingness to give full effect to its provisions.
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Great content! Keep up the good work!