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SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

Published

10 months ago

February 23, 2025

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Central Bank of Nigeria (CBN) “over the failure to reverse the patently unlawful, unfair, unreasonable and unjust increase in Automated Teller Machine (ATM) transaction fees.”

The CBN recently announced that ATM withdrawals made at a machine owned by a bank but outside its branch premises will now attract a charge of N100 per N20,000 withdrawn. ATM withdrawals at shopping centres, airports or standalone cash points, will incur a N100 fee plus a surcharge of up to N500 per N20,000 withdrawal.

In the suit number FHC/L/CS/344/2025 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to determine “whether the decision by the CBN to increase ATM transaction fees is not arbitrary, unfair, unreasonable, and contrary to the provisions of the Federal Competition and Consumer Protection Act 2018.”

SERAP is asking the court for “a declaration that the decision by the CBN to increase ATM transaction fees is arbitrary, unfair, unreasonable and contrary to the provisions of sections 1(c) and (d), 104, 105 and 127(1) of the Federal Competition and Consumer Protection Act 2018, which is binding on the CBN.”

SERAP is seeking “an order of interim injunction restraining the CBN, its officers, agents, associates or any other persons acting on its directive or instructions from enforcing and giving effect to the decision, pending the hearing and determination of the motion on notice for an order of interlocutory injunction filed in this suit.”

In the suit, SERAP is arguing that: “The increase cannot be justified under the Nigerian Constitution 1999 [as amended], the CBN Act, Federal Competition and Consumer Protection Act, and the country’s international human rights obligations.”

SERAP is also arguing that, “The increase creates a two-tiered financial system that discriminates against poor Nigerians who may not be able to afford or pay the increased ATM fees.”

According to SERAP, “The patently unlawful, unfair, unreasonable and unjust increase in ATM transaction fees also inherently contributes to violations of the human rights of socially and economically Nigerians.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Andrew Nwankwo, read in part: “The CBN is compromising its stated mission to advance the management of the country’s economy, and ultimately, sustainable development.”

“The CBN is also failing to comply with the Nigerian Constitution, the Federal Competition and Consumer Protection Act and the country’s international human rights obligations in the exercise of its statutory powers and functions.”

“The increase in ATM transaction fees ought to have been shouldered by wealthy banks and their shareholders, not the general public.”

“CBN policies should not be skewed against poor Nigerians and heavily in favour of banks that continue to declare trillions of naira in profits mostly at the expense of their customers. The increase in ATM transaction fees would inflict misery on poor Nigerians and contribute to human rights abuses.”

“Imposing exorbitant ATM transaction fees on socially and economically vulnerable Nigerians at a time several Nigerian banks are declaring trillions of naira in profits yearly is manifestly unfair, unreasonable and unjust.”

“The CBN through a Circular to all banks and other financial institutions dated February 10 2025 stated that it has reviewed and increased the ATM transaction fees prescribed in section 10(7) of the CBN Guide to Charges by Bank, Other Financial and Non-Bank Financial Institutions 2020.”

“Section 1(c)(d) of the Federal Competition and Consumer Protection Act, 2018 provides that the objectives of the Act are to ‘protect and promote the interests and welfare of consumers’ and ‘prohibit restrictive or unfair business practices’ such as the exorbitant and unreasonable increase in ATM transaction fees by the CBN.”

“The provisions of the Federal Competition and Consumer Protection Act are directly binding on the CBN, as the provisions constrain the exercise of the statutory powers and functions of the institution.”

“Section 2(1) of the Act provides that its provisions ‘apply to all undertakings [such as the CBN] and scope of application to all commercial activities within Nigeria.”

“Section 2(2) provides that: ‘This Act is binding upon- (a) a body corporate or agency of the Government; (b) a body corporate; (c) all commercial activities aimed at making profit and geared towards the satisfaction of demand from the public.’”

“According to section 70(1) of the Act, ‘For the purpose of this Act, an undertaking [such as the CBN] is considered to be in a dominant position if it is able to act without taking account of the reaction of its customers or consumers.’”

“The Act prohibits abuse of dominant position by the CBN including charging excessive ATM transaction fees to the detriment of consumers.”

“Section 104 of the of the Act asserts the supremacy of the Act over ‘the provisions of any other law’, such as the CBN Act. The only exception to the provision is the Nigerian Constitution 1999 [as amended].”

“Section 127(1) of the Act also prohibits the CBN from making any policy or providing “any services at a price that is manifestly unfair, unreasonable or unjust.”

SERAP is therefore asking the court for the following reliefs:

A DECLARATION that the decision by the Defendant in upwardly reviewing and increasing ATM Transaction Fees, as contained in the Defendant’s circular dated 10th February 2025 is arbitrary, unfair, unreasonable, unjust and a dis-service to the consumers of the services rendered by Banks, Other Financial and Non-Bank Financial Institutions in Nigeria, and ultimately in breach of sections 1(c) and (d), 104, 105 and 127(1) of the Federal Competition and Consumer Protection Act 2018.

A DECLARATION that by the combined provisions of section 1 (c) and (d), 104, 105 and 127 (1) of the Federal Competition and Consumer Protection Act 2018, section 42(1) (a) of the Central Bank of Nigeria Act 2007 and section 10.7 of the Central Bank of Nigeria Guide to Charges by Banks, Other Financial and Non-Bank Financial Institution 2020, the Defendant cannot unilaterally increase ATM Transaction Fees without the consent of the Federal Competition and Consumer Protection Commission (FCCPC).

AN ORDER setting aside the Defendant’s circular dated 10th February 2025 and published on 11th February 2025, with reference number FPR/DIR/GEN/CIR/001/002, directed to all Banks and Other Financial Institutions for being arbitrary, unfair, unreasonable, unjust and a breach of the provisions of sections 1 (c) and (d), 104 and 127 (1) of the Federal Competition and Consumer Protection Act 2018.

AN ORDER restraining the Defendant, including its agents, assigns, privies and or representatives or such other persons acting on its behalf, and all Banks, Other Financial and Non-Bank Financial Institutions in Nigeria from implementing and/or enforcing the decision of the Defendant.

AND FOR SUCH FURTHER ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.

No date has been fixed for the hearing of the interim application and the substantive suit.

News

Eating Takeout Food Often May Increase Heart Disease Risk — Study

Published

3 days ago

December 30, 2025

Editor

Research suggests that higher takeout food consumption may increase a person’s risk of cardiovascular disease, like heart disease.

In a new study, published in Food Science & Nutrition, researchers said eating takeout food too often can influence systemic inflammation that underlies much cardiovascular disease.

The study of over eight thousand people in the 2009 to 2018 U.S. National Health and Nutrition Examination Survey (NHANES) found that those who eat greater amounts of takeout food are likely to have various elevated risk factors for heart disease.

They were interviewed in their homes and also visited a mobile examination centre, where they recalled their food intake, received cardiometabolic health assessments, and had blood collected.

Mammograms may predict heart disease risk in women — Study

The researchers found a correlation between the amount of takeout food a person consumes and their likelihood of developing chronic low-level inflammation, a key driver of cardiovascular pathology.

Deaths from cardiovascular disease and the consumption of takeout foods are both on the rise, and while that does not prove a causal relationship, the study explores whether there is a connection between the two.

The study tracked degrees of systemic inflammation according to the Dietary Inflammatory Index (DII), a scale that quantifies the risk of inflammation related to the intake of specific dietary substances.

The three major takeaways from the analysis included that a higher level of takeout food consumption corresponded to an unfavourable cardiometabolic profile consisting of lower HDL, as well as higher triglycerides, fasting glucose, serum insulin, and insulin resistance.

Jayne Morgan, MD, cardiologist and Vice President of Medical Affairs in a reaction, who was not involved in the study, explained that “Takeout food raises the cardiovascular risk not because of one ingredient, but because of a predictable combination of nutrients, additives, and preparation methods that adversely affect blood pressure, lipids, insulin sensitivity, inflammation, and endothelial function.”

“This includes excess sodium that increases blood volume and blood vessel stiffness, and unhealthy fats, usually saturated fats or trans fats, that increase cholesterol level and atherosclerosis, a condition that can lead to heart attack and stroke.”

Michelle Routhenstein, Preventive Cardiology Dietitian at Entirely Nourished, also not involved in this study, declared, “It is also important to recognise that frequent takeout use often reflects broader lifestyle pressures such as demanding schedules, limited access to cooking resources, irregular meals, and disrupted sleep, all of which can quietly compound cardiovascular risk.”

News

How To Identify Fake Kiss Condoms In Circulation

Published

3 days ago

December 30, 2025

Editor

The National Agency for Food and Drug Administration and Control (NAFDAC) has recently warned Nigerians about the circulation of counterfeit Kiss brand condoms in major markets across the country.

Contents
Original DKT Kiss condoms
Fake Kiss condoms

In a public alert published on its website recently and referenced as Public Alert No. 042/2025, the agency said the warning followed information received from DKT International Nigeria, a non-governmental organisation involved in contraceptive social marketing and HIV/AIDS prevention.

NAFDAC stated, “The National Agency for Food and Drug Administration and Control is notifying the public about the sale and distribution of fake Kiss condoms in various Nigerian markets.

“The information was received from the MAH-DKT International Nigeria, a leading non-governmental organisation focused on contraceptive social marketing. Its mission is to provide Nigerians with affordable and safe options for family planning and HIV/AIDS prevention.

“The fake Kiss condoms have been reported to be found in Onitsha Market, Idumota Market, Trade Fair Market, and various markets in Kano, Abuja, Uyo, Gombe, Enugu, and others.”

Kiss condom is a brand of male latex condoms designed to offer sexual protection, including the prevention of unwanted pregnancy and sexually transmitted infections such as HIV, gonorrhoea and syphilis.

To help consumers avoid counterfeit products, NAFDAC outlined key differences between original and fake Kiss condoms.

Original DKT Kiss condoms
The original product comes in a light red box pack with clear instructions printed on the lower part of the pack, including single-use warnings and storage and caution information. The box contains detailed medical device information, including MDSS GmbH, Germany, and a complete Nigerian address at Isolo Industrial Layout, Oshodi-Apapa Expressway.

The condom pack is light red, with the word “Kiss” closely written on six lines. The wallet outer pack is lighter red, carries the Oshodi-Apapa address, manufacturer details, and a clear product description beside the condom image. The hidden flap includes revision dates, medical device details, and caution information, while the wallet inner contains detailed instructions and eight bullet points under important notes.

The original condom is large, oval-shaped, well-lubricated, and has a large teat end for semen collection.

Fake Kiss condoms
In contrast, fake Kiss condoms come in darker-coloured box packs with little or no additional information. Some boxes are plain white inside and lack condom images. The address is wrongly listed as 42, Montgomery Road, Yaba, Lagos, while the manufacturer’s address is incomplete or missing. Storage and caution information is absent.

The condom pack is darker, with “Kiss” loosely written on five lines and wide spacing. The condom strip is longer than the original. The wallet outer pack is also darker red, carries incorrect or missing addresses, lacks colour wave designs, and shows inconsistencies in barcode lines. Medical device and caution information are missing, and the hidden flap contains no details.

Inside the wallet, information is summarised with only six bullet points. The fake condom is thinner, round-shaped, less lubricated, and has a smaller teat end.
(TRIBUNE)

News

Lagos: Police Arrest 14 Suspected Traffic Robbers On Lekki-Epe Expressway

Published

4 days ago

December 30, 2025

Editor

Fourteen persons suspected to be involved in traffic-related robbery have been arrested at various points along the Lekki-Epe Expressway in Lagos over the past two weeks.

The arrests were confirmed on Tuesday by the Lagos State Police Command spokesperson, SP Abimbola Adebisi, via a post on her official X handle, @AbimbolaShotayo.

According to her, operatives of the Command’s Tactical Squad based in Elemoro carried out the operations that led to the suspects’ apprehension.

She explained that the arrests followed sustained patrols and intelligence-driven operations aimed at curbing criminal activities associated with traffic congestion and improving the safety of motorists and other road users along the busy corridor.

Adebisi noted that the development reflects the Command’s determination to strengthen security and uphold law and order on the Lekki-Epe axis, adding that the Tactical Squad has continued to proactively identify crime-prone areas and respond swiftly to threats posed by criminal elements.

She called on residents and commuters to support police efforts by providing timely and credible information that could assist in preventing and detecting crime.

“Security is a shared responsibility. Members of the public are encouraged to stay alert and promptly report any suspicious movements or activities to the nearest police station,” she said.

The police spokesperson further reassured residents and road users of the Command’s commitment to maintaining aggressive patrols and security operations to protect lives and property in the area.

She reiterated the Command’s community policing message, “See Something, Say Something,” stressing the importance of cooperation between the police and the public in sustaining peace and security.