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SERAP, BudgIT, Others Drag CBN To Court Over Cybersecurity Levy

Published

1 year ago

May 12, 2024

The Socio-Economic Rights and Accountability Project; a not-for-profit organisation, BudgIT, and 136 concerned Nigerians have filed a lawsuit against the Central Bank of Nigeria “over its failure” to withdraw the cybersecurity levy.

In what was described as an “unlawful circular,” the plaintiffs in the suit number FHC/L/CS/822/2024 filed last Friday at the Federal High Court, Lagos State, asked the court to determine “whether the CBN circular dated 6th May 2024, directing financial institutions to deduct from customers’ accounts a cybersecurity levy is unlawful and therefore ultra vires the CBN.”

This is contained in a statement issued by SERAP’s Deputy Director, Kolawole Oluwadare, made available to newsmen on Sunday.

Last Monday, through a circular, the apex bank ordered all commercial, merchant, non-interest, and payment service banks, among others. operating in the country to start charging a cybersecurity levy on transactions.

The CBN noted that, in compliance with the enactment of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 and under the provision of Section 44 (2)(a) of the Act, a levy of 0.5 per cent (0.005) equivalent to a half per cent of all electronic transactions value by the business specified in the Second Schedule of the Act, is to be remitted to the National Cybersecurity Fund which shall be administered by the Office of the National Security Adviser.

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy.” the circular stated.

Although, President Bola Tinubu had directed the CBN to suspend the implementation of the controversial cybersecurity levy policy and ordered a review, the plaintiffs asked the court to determine whether the apex bank’s directive “are not in breach of sections 14(2), 44(1) and 162(1) of the Nigerian Constitution 1999 [as amended], and therefore unconstitutional, null, and void.”

They also demanded that the “CBN, its office, agents, privies, assigns, or any other persons acting on its instructions from enforcing the circular dated 6th May 2024, pending the hearing and determination of the motion on notice filed contemporaneously in this suit,” be restrained.

The suit filed on behalf of the plaintiffs by their lawyer, Ebun-Olu Adegboruwa, SAN, read in part, “The CBN circular is unlawful and an outright violation of the provisions of the Nigerian Constitution and the country’s international obligations.

“Unless the reliefs sought are granted, the CBN will enforce its circular directing banks to deduct from customers’ accounts a cybersecurity levy. Millions of Nigerians with active bank accounts would suffer irreparable damage from the unlawful deduction of cybersecurity levies from their accounts.

“The provisions of the Cybercrimes Act on payment of cybersecurity levy strictly apply only to businesses listed in the Second Schedule to the Act. These provisions make no reference to bank customers, contrary to the CBN circular to all banks and other financial institutions.”

The statement noted that while the CBN’s circular “a blatant violation of Nigerians’ human rights including the right to property guaranteed under section 44 of the Nigerian Constitution and article 14 of the African Charter on Human and Peoples’ Rights to which Nigeria is a state party,” the Federal Government “has a legal responsibility to ensure the security and welfare of the people, as provided for under section 14(2)(b) of the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”

The plaintiffs, therefore, urged the court to “grant the reliefs sought in the public interest and the interest of justice as well as to prevent arbitrariness and ensure the rule of law in the country.”

The cybersecurity levy, as ordered by the apex bank, is to be be remitted to the National Cybersecurity Fund which shall be administered by the Office of the National Security Adviser.

While disagreeing with this, the plaintiffs noted that according to Section 162 (1) of the Nigerian Constitution, the payment of “revenues collected by or on behalf of the Government of the Federation are mandatorily required to be paid into the Federation Account save the revenue excepted by the provisions of the section.”

“The National Cybersecurity Fund established by section 44(1) of the Cybercrimes Act 2015 [as amended] into which it is required to be paid the levy of 0.5% chargeable on all electronic transactions instead of the Federation Account is unconstitutional, null, and void.

“As of 30 April 2024, commercial banks in Nigeria already charge exorbitant fees for electronic transactions, including electronic transfer charges at N53.75 on any amount above N10,000; stamp duty of N50 on every transaction and account maintenance charge deducted per month,” the statement partly read.

No date has been fixed for the hearing of the suit.

News

Bumper Harvest: Foundation Distributes 6,000 Fertilizers To Farmers In Bauchi

Published

20 hours ago

August 14, 2025

Editor

A group, Wunti Al-Khair Foundation has donated 6,000 50kg bags of fertilizer to farmers in Bauchi state in order to have a bumper harvest.

Speaking during the flag off ceremony of the distribution of the fertilizers on Thursday, Mr Abubakar Mohammed, Monitoring and Evaluation Officer, Wunti Al-Khair Foundation, said the distribution was only for the indigent farmers in the state.

He said the fertilizers would be distributed to farmers in underserved communities across the three Senatorial Districts of the state.

“We are gathered here to flag off the free distribution of fertilizers to farmers, especially the indigent farmers that don’t have the means to buy fertilizer for their farms.

“That is the reason why the founder of this foundation bought the fertilizers and distributed them to the low income farmers in the state.

“We have gone round the nooks and crannies of the state to identify the underserved communities and those that deserve this particular gesture.

“We planned to distribute about 6,000 bags of fertilizer and due to the populous nature of the Bauchi LGA, they have the largest share but some other local governments too have hundreds of beneficiaries which we divided into Senatorial zones,” he said.

According to him, today was the flagging off of the Bauchi South Senatorial District, adding that the extension of the gesture would commence in Bauchi North and Bauchi Central Senatorial Districts tomorrow.

Mohammed explained that the only criteria used in selecting the beneficiaries were underserved communities and low income farmers, adding that “we know that a large number of the farmers in Bauchi state are low income farmers.

“Those are the people that we identified, verified and they are our beneficiaries and we have warned the general public about the activities of some unscrupulous elements that go round to impersonate our foundation.

“Wunti Al-Khair Foundation is not charging a kobo for every part of its activities, be it education, healthcare, economic empowerment and community development”.

Responding, one of the beneficiaries, Emmanuel Samson, described the support as a timely intervention that would greatly enhance his farming activities and appreciated the foundation for the intervention.

Another beneficiary, Salisu Maidawa, who was short of words for the gesture, said the gesture came at a time when he was in dire need of it.

News

IYC Urges Tinubu To Sack NCDMB Boss

Published

21 hours ago

August 14, 2025

Editor

Ijaw Youth Council (IYC), Western Zone, has urged President Bola Tinubu to immediately sack Engr. Felix Omatsola Ogbe, the Executive Secretary of Nigeria Content Development and Monitoring Board (NCDMB) for allegedly not “keeping up to the fundamental mandate,” upon which the agency was established.

This was contained in a statement jointly signed by Comrade Nicholas Igarama, Comrade Ebi Joshua Olowolayemo, and Comrade Tare Magbei, Western Zone
Chairman, Secretary, and Information Officer respectively, and made available to newsmen in Warri on Thursday, August 14, 2015.

According to the IYC, the call for Ogbe’s sack becomes necessary following his incompetence and ethnic bias, adding that Ogbe has turned the agency meant for the whole Niger Delta to his Itsekiri ethnic group alone.

The IYC, while noting that efforts to meet the NCDMB Executive Secretary to discuss critical issues as they affect the region and its people have proved abortive, said it can no longer fold it arms and watch while things go from bad to worse.

“As Executive Secretary of the NCDMB, Ogbe has consistently failed to input his supposed industry track record in the advancement of the mandate upon which the agency was founded.

“He has continually had a sectional engagement with his fellow Itsekiri Kits and Kin, thereby shutting all other ethnic nationalites in the Niger Delta region out.

“Repeatedly, he avoided critical youth engagement in the region while sponsoring that of his Itsekiri ethnicity through different human capacity development initiatives, while other ethnic nationalites are left unattended.

“As Ijaw, mostly from the western flank where Engr. Ogbe also hails from, we will not sit and watch others benefit from the resources that we produce without our practical involvement to better the lives of our people as well.

“It is on record that the leadership of Ijaw Youth Council (IYC) Western Zone has tried to establish communication with Engr. Ogbe, for the last ten months, but every medium of communication to get his attention has fundamentally proven to be abortive.

“As youths, we can no longer have leaders in office who have now equated themselves to demi-god and have refused to attend to most significantly youthful issues in the Niger Delta Region.

“To this end, we therefore call on President Bola Ahmed Tinibu to immediately sack Engr. Felix Omatsola Ogbe, who has consistently displayed disregard for critical actors in the Niger Delta and has also exhibited the highest level of gross inefficiency by not keeping up to the fundamental mandate upon which NCDMB was founded,” the statement reads.

The IYC also called for the probe Ogbe as Executive Secretary after his sack.

Efforts to reach Dr. Obinna Ezeobi, the General Manager, Corporate Communications, NCDMB, for reaction proved abortive.

News

I’m Being Impersonated – Goodluck Jonathan Disowns Social Media Account

Published

23 hours ago

August 14, 2025

Editor

Former President Goodluck Jonathan, on Thursday said he is being impersonated by fraudsters.

Jonathan alleged that a fraudulent Instagram handle has been impersonating him.

In a statement by his Media Aide,
Ikechukwu Eze, the former President insisted that he does not operate any Instagram handle.

The statement is titled ‘Beware of fake Instagram account impersonating H.E. Dr Goodluck Ebele Jonathan’.

“Our attention has been drawn to a fraudulent Instagram account operating under the handle goodluck_ebelejonathan, which is falsely impersonating former President Dr. Goodluck Ebele Jonathan.

“This impostor account has been deceitfully posting content, some copied from Dr. Jonathan’s Facebook page, while pretending to represent the former President.

“We wish to emphasise that Dr. Jonathan does not operate any Instagram account.

“The media and members of the public are strongly advised to disregard, avoid sharing, or promoting any content originating from this fake profile,” the statement read.