By GhanaNewsPage 
A Ghanaian onion seller, Madam Faustina Djagbele Abbey, has filed a lawsuit against Telecel Ghana—formerly Vodafone Ghana—demanding GH¢2 million in damages.
This was after her image was allegedly used without consent in an advertisement for the company’s RED Save product. The legal action, filed in an Accra High Court, has sparked widespread public interest and reignited debate around personal privacy, image rights, and corporate responsibility under Ghana’s data protection laws.
The Incident: Photo Used Without Knowledge or Permission
Madam Abbey, a well-known market trader at KwasiaDwaso, near the busy Makola Market in Accra, claims that her photo was taken while she was going about her regular trading activities and later used in Telecel Ghana’s promotional campaign for RED Save—a mobile data product targeting everyday Ghanaians. The image was prominently featured in both digital and print media platforms as part of a campaign that showcased relatable Ghanaian personalities.
According to her legal filing, Madam Abbey was never informed that her image was being captured for commercial purposes, nor did she give any form of consent for it to be used. It was only after friends, fellow traders, and family members began pointing out that they had seen her image in a major Telecel advert that she became aware of the situation. While some found it amusing, Madam Abbey found it deeply disturbing and exploitative.
Legal Grounds: Ghana’s Data Protection Act, 2012 (Act 843)
The foundation of Madam Abbey’s lawsuit lies in Ghana’s Data Protection Act, 2012 (Act 843), which outlines strict regulations around the collection, storage, and use of personal data—including images. The Act makes it clear that consent is a legal requirement for the use or processing of personal information for commercial or public purposes. By allegedly using Madam Abbey’s image without her permission, Telecel Ghana may have breached these provisions, paving the way for this legal action.
Her legal team argues that the telecommunications company commercially exploited her likeness to promote a product without compensating her or even notifying her. They further claim that Telecel’s use of the image projected a sense of cultural relatability to attract customers while failing to respect the dignity and rights of the individual portrayed.
Read the “Statement of Claim“
Demanding Justice and Accountability
In her suit, Madam Abbey is seeking GH¢2 million in damages for emotional distress, reputational harm, and unlawful commercial gain made at her expense. Her lawyers assert that beyond financial compensation, the case aims to set an example—especially for large companies operating in Ghana—to respect the rights of everyday citizens, particularly those in informal sectors like market trading.
The legal team also notes that the image may have altered public perception of Madam Abbey, exposing her to unnecessary attention and mockery from people in her community who assumed she had endorsed the product or profited from the promotion.
Telecel Ghana’s Silence and Public Reactions
At the time of writing, Telecel Ghana has not issued an official response to the lawsuit. Industry analysts speculate that the image may have been sourced through a third-party advertising agency or creative contractor. However, legal experts caution that ultimate responsibility still lies with the brand using the image.
Across Ghana, the case has sparked significant debate. Social media platforms have been buzzing with opinions, many in strong support of Madam Abbey. Commentators argue that this case represents a growing awareness among Ghanaians of their digital rights and an increasing demand for accountability from powerful corporations.
A Landmark Case for Data Rights in Ghana?
If the court rules in favor of Madam Abbey, the case could become a landmark precedent in Ghana’s legal history regarding data protection and image rights. It would serve as a stern reminder that no matter how noble or relatable a campaign may seem, personal consent is non-negotiable.
This case is more than just a lawsuit—it is a cultural and legal moment that challenges how ordinary individuals are treated in the digital age. It calls upon brands, advertisers, and media professionals to operate with integrity, seek consent, and uphold the rights of every Ghanaian, regardless of their economic or social status.
