Nigerian model based in the United States of America, Nneoma
Anosike, has filed an action against Wema Bank PLC before a Lagos Division of
the Federal High Court for allegedly using her photos for commercial purposes
without authorization.
Ms. Anosike, 22, sued the bank through her father, Frank
Anosike, who doubles as her lawyer, claiming N97 million as damages.
According to the plaintiff, the bank on April 11, 2016, used
her photo for a commercial on social network platform, Instagram, without her
consent or authorization from Ford Models Inc, her American management company.
Among her prayers, the plaintiff is seeking an order
directing the defendant to pay N75 million for allegedly passing off her
services.
She is also seeking an injunction restraining the defendant
from passing off or causing others to pass off her professional services and a
declaration that she is entitled to her privacy of her correspondence under
Section 37 of the Nigerian Constitution.
The plaintiff is also seeking an order directing the bank to
pay her N20 million for the breach of her privacy by advertising her private
correspondence; an order to publish a written apology in two national dailies
in Nigeria and in the U.S.; and N2 million as cost of filing the suit.
According to the statement of claims attached to the suit,
the plaintiff claimed that she is a reputable international model who had won
many laurels within and outside the country, including the ‘Elite Model Look’
2013 in Nigeria.
Ms. Anosike said based on her reputation, Pepsi-Cola Nigeria
made her its brand ambassador for Aquafina water.
The plaintiff further averred that her contract with Ford
Models Inc took her to the U.S. and that prior to the defendant’s advert of
her, she was in negotiations with the company for a renewal of her contract.
But on April 11 last year, according to Ms. Anosike, the
management of Ford Models summoned her to a meeting on April 12 wherein she was
presented with her photo advert procured from the Instagram account of the
defendant.
She alleged that the defendant mutilated and edited her
professional photo for the said advert uploaded on the internet, adding that
based on that action, her contract renewal with the American company has been
jeopardized.
But in its statement of defence, the defendant averred that
the bank was not a party to the alleged modelling contract between the
plaintiff and the American company and was not privy to it.
The bank also stated that the photo in question was sourced
from social media for its weekly online motivational and educational series,
intended to inspire going online users.
The bank denied using the plaintiff’s photo for any
advertisement purposes or for any commercial gain but for purely free
educational purpose under its Corporate Social Responsibility programme.
Justice Ibrahim Buba adjourned the matter till June 15 for
further hearing.
Premium Times
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