In a compelling turn of events that has ignited public debate and brought legal and ethical questions to the fore, Madam Faustina Djagbele Abbey, an onion seller at the bustling Makola Market in Accra, has filed a GH¢2 million lawsuit against Telecel Ghana. The suit, lodged at the High Court on May 23, 2025, accuses the telecommunications company of using her image in commercial advertising without her knowledge or consent. The case has stirred widespread attention not only due to its David-versus-Goliath optics but also because of its implications for data protection, image rights, and corporate responsibility in Ghana’s digital economy.
According to the filed complaint, Madam Abbey claims that her image was used extensively in the promotional materials of “Telecel Red Save,” a savings product offered by the telecom company. Her likeness allegedly appeared on billboards, in social media posts, and across various print and digital advertisements. However, at no point was she contacted, consulted, or compensated for the use of her image—an omission that, according to her legal counsel, constitutes a grave violation of her rights under Ghanaian law. Central to Madam Abbey’s legal challenge is the Ghana Data Protection Act, 2012 (Act 843), which stipulates clear guidelines around the use of personal data.
The Act mandates that data controllers, including corporate bodies like Telecel, must obtain explicit consent from individuals before processing or using their data, including photographs, for promotional or commercial purposes. Under Section 20 of the Act, the processing of personal data must be fair and lawful. Section 37 further emphasizes that data subjects must be informed whenever their data is collected and processed, and the purpose of that processing must be disclosed. Madam Abbey’s legal team argues that the use of her image in such a conspicuous and commercial context, without any form of prior agreement or financial compensation, amounts to a serious infringement of her dignity and privacy. They are asking the court not only for monetary compensation but also for declaratory relief, that the use of her image was unlawful, and that Telecel be ordered to cease further use of the image. They are also seeking a public apology and the removal of all content bearing her likeness.
What makes this case even more profound is the socioeconomic disparity between the two parties. Madam Abbey operates at “Kwasia Dwaso,” an informal corner within Makola Market renowned for its vibrant but humble collection of traders and hawkers. Her life, like that of many market women, revolves around daily labor, limited margins, and minimal legal literacy. In contrast, Telecel Ghana is a major corporate entity with considerable resources, sophisticated marketing teams, and access to legal expertise. This stark contrast underscores the power imbalance that the case brings into public scrutiny—a theme that resonates deeply within broader conversations about fairness, justice, and inclusion.
The issue of unauthorized image use is not novel, but this lawsuit brings it into a new, localized context. In Western jurisdictions, image rights and personal data protection have long been enforced through a combination of legal doctrines such as the “right of publicity” and statutory regulations like the EU’s General Data Protection Regulation (GDPR). However, in Ghana and many parts of sub-Saharan Africa, public awareness and enforcement of these rights are still emerging. The Abbey v. Telecel case may therefore represent a pivotal moment in shaping jurisprudence and public consciousness around image rights in the country.
Beyond its legal ramifications, the case also poses difficult ethical questions for corporate Ghana. As companies increasingly turn to relatable, everyday people to personify their brands and deepen emotional engagement with consumers, the temptation to “capture the moment” without proper consent has grown. But as this case illustrates, what may appear to be a harmless or even complimentary representation can be a violation of individual rights and autonomy. Corporations must therefore revisit their internal protocols to ensure they uphold not just compliance standards but also ethical and human-centered practices in their branding and public engagements.
Telecel Ghana has, thus far, acknowledged receipt of the lawsuit and stated its intention to respond appropriately through legal channels. While the company has not issued a detailed public statement on the matter, insiders suggest that internal investigations have commenced to ascertain how the image was sourced and whether proper procedures were followed. If negligence or procedural failure is established, the case could catalyze major reforms in how image sourcing and data handling are managed within the advertising sector in Ghana.
For legal scholars and civil society groups, the implications of the case are manifold. Firstly, it could set an important judicial precedent for image rights in Ghana, especially for individuals outside of celebrity or political circles. Secondly, it highlights the critical importance of sensitization on data rights for ordinary citizens. Market women like Madam Abbey are among the most marginalized and least informed segments of the population when it comes to digital rights and privacy laws. Their vulnerability to exploitation is thus amplified, making this case a potential rallying point for broader advocacy efforts around digital inclusion and justice.
The Ghana Bar Association, the Data Protection Commission, and human rights organizations are closely monitoring the proceedings. Some legal analysts have noted that the case could influence future legislative efforts to tighten the regulatory environment around advertising, especially with the proliferation of social media and digital platforms where images can go viral without attribution or consent. At the grassroots level, the case has become a source of inspiration and empowerment.
Reports indicate that market traders at Makola have rallied in support of Madam Abbey, with some even contributing small amounts toward her legal costs. Their support reflects a collective yearning for justice and respect, particularly from institutions that often treat ordinary Ghanaians as mere tools of commerce rather than as citizens with rights. The outcome of the lawsuit remains uncertain, as the case winds its way through the judicial system.
However, its significance is already being felt. It has spotlighted an often-overlooked aspect of human rights in Ghana and challenged both public and private institutions to reflect on their obligations under the law. Should Madam Abbey prevail, the judgment could not only deliver personal justice but also help institutionalize a new standard of respect and responsibility in corporate Ghana.
In the meantime, the broader society watches closely. For while the courtroom will decide the legal merits of this case, the court of public opinion has already begun to deliberate—and it seems increasingly inclined to side with the onion seller from Makola, who dared to take on a telecom giant in defense of her name, her face, and her right to be seen only on her terms.