Wema Bank In N97m Suit For Using Model Pictures For Commercial Without Consent

A 22 year old Nigerian model based in the United States of America has slammed Wema Bank Plc with an N97m suit for using her pictures for commercial purposes without her consent.

The case came up at the Federal High Court, Lagos before Justice Ibrahim Buba.

The model, Nneoma Anosike through her lawyer, Frank Anosike who is also her father, alleged that on April 11, 2016, the defendant used her picture for commercial purpose in a social network, called ‘Instagram’ without her consent or authorization from the management of Ford Models Inc, a company in USA which she had agreement to manage her career as a model.

The plaintiff is seeking from the court , “ an order directing the defendant to pay her the sum of N 75, 000, 000 million for allegedly passing off her services.

“An order of injunction restraining the defendant from passing off or causing /enabling others to pass off her professional services”.

“A declaration that the plaintiff is entitled to her privacy and the privacy of her correspondence, under Section 37 of the 1999 constitution.

“An order directing to pay her the sum of N 20, 000, 000 million for the breach of her privacy by advertising  her private correspondence”.

“An order directing the bank to write a letter of apology to her, and to publish the written apology in two national dallies in USA and another two in Nigeria”.

Miss Anosike also demanded for sum of two million naira as special damages cost of filing the suit.

According to the statement of claims attached to the suit, the plaintiff claimed that she is a reputable and international model who had won many awards within and outside the country, she stated that among the competitions she won in Nigeria was ’Elite Model Look’, 2013.

Miss Anosike added that based on her reputation, in 2014, Pepsi-Cola Nigeria made her its brand ambassador for Aquafina Water.

The  plaintiff pointed out that her contract with  Ford Models Inc, the company that took her to USA, is for period of  three years and prior  to the advert of the defendant which used her as their model, the American company  was already negotiating  with her on how renew the contract.

On April 11, 2016, the management of Ford Models summoned her to a meeting on April 12, 2016 and in the meeting she was presented with her photographic advert procured from account of the defendant on Instagram. She alleged that the defendant mutilated and photo edited her professional photograph for the said advert and advertised it on the World Wide Web,

“With the action of the bank, the defendant had breach the contractual agreement between her and the American company, alleged that the bank had jeopardized her chance of contract extension with Ford Models Inc” her lawyer stated

However, the defendant in its Statement of Defense, averred that the bank was neither a party nor privy to any of the alleged modelling contract of the plaintiff with any third party.

The defendant averred that the picture in question, was on social media before it was sourced for it online weekly motivational and educational series via social media, intended purely to inspire young online users.

The bank denied using the plaintiff’s picture for any advertisement purposes or for any commercial gain but purely for free educational purpose under its Corporate Social Responsibility program.

The case was adjourned to 15 June for further hearing.