Court orders Wema Bank to pay US based Model N10m for passing-off

(Nigeria) A Federal High Court sitting in Lagos on Thursday, has ordered Wema Bank Plc, to pay the sum of N10 million, to a 22 year-old Nigerian Model based in United State of America, Miss Nneoma Anosike, for using her picture to marketing its product, without her knowledge.

Trial judge, Justice Ibrahim Buba, also ordered Wema bank to write a letter of apology to the US-based Model, and publish the said written apology letter in two national daily newspapers in United State of America (USA) and Nigeria.

Furthermore, the court also made an order of injunction restraining Wema Bank from passing off or causing and or enabling others to pass off the international model's professional services. And a declaration that the model is entitled to her privacy and the privacy of her correspondence, under Section 37 of the 1999 Constitution of Nigeria.

The court orders was sequel to a suit filed by the Model's father, Frank Anosike, through his lawyer, Gideon Okebu, against Wema Bank.

Okebu in his spiritted effort in the final written address to support the claims of his client, had urged the court to direct Wema Bank to pay her the sum of N75 million, for passing off on her services.

The lawyer also prayed for an order of the court directing Wema Bank to pay her the sum of N20 million, for breaching her privacy by advertising her private correspondence. And the sum of N20 million, for special cost of instituting the suit.

During the trial of the suit, the father of the model, Frank Anosike gave his evidence and tendered nine exhibits which were admitted by the court. While the bank also testified through one Bryan Igbenidion, but tendered no document as exhibit.

The plaintiff, Anosike  sued the bank through her lawful attorney,  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 authorisation from the management  of Ford Models Inc, a company in USA which she had agreement to manage her career as a model.

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

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

The  plaintiff averred  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.

And based on the action of the 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 extention with Ford Models Inc.

However, the defendant in its Statement of Defence, 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 had 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  programme.