Legal experts say victims of nude photo leaks in Nigeria can pursue both civil and criminal actions under privacy and cybercrime laws

Legal experts have advised victims whose nude images were shared online without their consent to pursue both civil and criminal remedies under Nigerian law.

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Speaking in separate interviews with the News Agency of Nigeria (NAN) in Lagos, the lawyers described such acts as clear violations of privacy and human dignity, particularly when committed by companies that had previously engaged the victims for modelling contracts.

A human rights lawyer, Mrs Jumoke Ajayi, said victims of unauthorised exposure could approach the courts to enforce their fundamental right to privacy guaranteed 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,” Ajayi said.

She added that victims could also petition law enforcement agencies under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, which criminalises the distribution of intimate images without consent under Section 24.

According to her, offenders found guilty face imprisonment, stressing that the law offers victims both protection and redress.

Another Lagos-based lawyer, Mr Franklin Ojumu, emphasised the importance of consent and contractual clarity in modelling agreements.

Ojumu cautioned that individuals must carefully read the fine print before signing contracts and that if nude or semi-nude photographs were not expressly agreed upon, the subjects retain the right to challenge any unauthorised publication in court.

“Even if there was consent, it does not give the company unlimited rights to publish or share those images online,” he said.

He noted that victims could claim damages for emotional distress, reputational harm and invasion of privacy, and that Nigerian courts had become increasingly receptive to digital rights violations.

In his view, Mr Chibuikem Opara, a lawyer with the Justification Firm in Ikeja, said that when a company leaks unauthorised nude images of a model, it constitutes cyberbullying, which is a punishable offence under the Cybercrimes Act.

“The victim can report the matter to security agencies, and when it gets to court, the corporate veil can be lifted so the individuals involved are personally held liable,” he said.

He added that victims could sue for breach of contract and aggravated damages, especially where there was fraudulent misrepresentation or exploitation.

Mr Ademola Owolabi, Managing Partner of Adetokunbo & Co Chambers, said such cases often demonstrate how contractual relationships can give rise to criminal liability, noting that the absence of clear consent automatically makes the company culpable.

Similarly, Mr Ogedi Ogu, Country Director of the Advocacy for Justice and Accountability, described such actions as a gross infringement of personal rights.

“The agreement to model for the company did not include posing nude or allowing commercial use of such photos. The individual reserves the right to sue and obtain restraining orders to prevent further circulation,” Ogu said.

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The lawyers unanimously called for greater public awareness of digital rights, urging individuals—especially models and influencers—to seek proper legal advice before entering contracts involving image use.