Makola onion seller sues Telecel for GH¢2 million over unauthorized image use

A significant legal battle is unfolding in Ghana’s High Court, as Faustina Djagbele Abbey, an onion seller from Accra’s bustling Makola Market, has filed a GH¢2 million lawsuit against Telecel, a prominent telecommunications company. The lawsuit, initiated on May 23, 2025, by her lawyer Bernard Owiredu Donkor of Thompson Law Consult, alleges that Telecel severely breached her privacy and personal liberties by using her image without consent for product marketing.

The crux of the matter lies in Telecel’s alleged unauthorized use of Madam Abbey’s image to promote its ‘Telecel Red Save’ product, a digital financial service designed to encourage savings among subscribers. The company’s actions, according to the writ, involved showcasing Madam Abbey’s image across various platforms, including social media channels, without obtaining her consent. This, Madam Abbey’s legal team argues, constitutes a clear abuse of her image rights.

The lawsuit highlights a growing awareness of individual privacy and image rights in the digital age, both globally and locally. Ghana’s Data Protection Act, 2012 (Act 843), provides a framework for protecting personal data and privacy, emphasizing the need for consent when processing personal information. This includes the commercial use of an individual’s likeness, which Telecel allegedly failed to respect.

Madam Abbey claims that she only became aware of the widespread advertisement featuring her image when customers and acquaintances from Makola Market recognized her and mistakenly assumed she was affiliated with Telecel due to her appearance in the ads. This misconception has had far-reaching consequences, including strained relationships and significant mental health impacts. Family members and acquaintances believe her to be of considerable financial means, leading to unwanted public scrutiny.

The impact of this alleged infringement extends beyond commercial exploitation, underscoring the often-unseen personal toll of digital privacy violations. Telecel Ghana, with a reported 17.2% market share in voice and data as of July 2024, now faces a potentially landmark case. The lawsuit seeks not only monetary compensation but also declaratory reliefs, demanding the immediate removal of all advertisements featuring Madam Abbey’s image from billboards, social media campaigns, and traditional media.

The case is expected to set important precedents for image rights and corporate marketing ethics in Ghana, testing the country’s legal system in addressing individual privacy rights within the rapidly evolving digital marketing sphere. As the lawsuit progresses, it will be closely watched for its potential implications on how companies approach marketing and image rights in the digital age.