Makola Market Trader Sues Telecel for GH¢2 Million Over Unauthorised Use of Image

A landmark legal showdown is unfolding in Ghana’s High Court as Faustina Djagbele Abbey, a popular onion seller at the Makola Market, sues telecom giant Telecel Ghana for GH¢2 million, alleging the unlawful use of her image in a nationwide marketing campaign.

Filed on May 23, 2025, the civil suit claims Telecel violated Madam Abbey’s privacy and personal liberties by using her image in promotional materials for its digital savings product, ‘Telecel Red Save’, without her consent.

The case, lodged by Bernard Owiredu Donkor of Thompson Law Consult, argues that the telecom company’s use of Madam Abbey’s likeness across billboards, social media platforms, and other advertising channels constitutes a flagrant breach of image rights and personal data protection laws.

According to the Statement of Claim, the onion seller was unaware of the campaign until customers and passersby began pointing her out in public, having seen her in Telecel’s advertisements. The recognition, she alleges, created a false perception of affluence, leading friends, family, and acquaintances to wrongly assume she had been financially rewarded or endorsed by the company.

“This has not only brought me unnecessary public attention but also strained my relationships and affected my peace of mind,” Madam Abbey lamented in the filing, stressing the mental toll and social discomfort resulting from the unauthorised exposure.

Legal experts believe the case could test the boundaries of Ghana’s Data Protection Act, 2012 (Act 843), which mandates explicit consent before the processing or commercial use of personal data, including photographs.

“Telecel’s failure to obtain prior approval before commercialising Madam Abbey’s image amounts to a clear disregard for data protection norms,” legal counsel Donkor argued.

The lawsuit also seeks declaratory relief, including an order for the immediate removal of all content—on billboards, in traditional media, and across digital platforms—featuring Madam Abbey in relation to the ‘Red Save’ campaign.

With Telecel Ghana holding a 17.2% market share in voice and data services as of July 2024, the case has drawn public attention as a potential turning point in corporate accountability, digital privacy, and ethical advertising in Ghana.

If successful, the lawsuit could set a powerful precedent for the protection of individual image rights—especially for vulnerable or non-celebrity individuals inadvertently pulled into corporate marketing efforts without consent.

As the legal process unfolds, industry stakeholders and privacy advocates are closely monitoring what could become a defining moment in balancing commercial ambition with fundamental human rights in Ghana’s digital and consumer landscape.

Telecel Ghana has yet to officially comment on the matter.

FAUSTINA-ABBEY-v-TELECEL-STATEMENT-OF-CLAIM

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