News

‘Withdraw Regulations On Customers’ Social Media Handles Or Face Legal Action’, SERAP Tells CBN

Published

2 years ago

June 25, 2023

Socio-Economic Rights and Accountability Project (SERAP) has urged Mr Folashodun Shonubi, Acting Governor, Central Bank of Nigeria (CBN) to “immediately delete the patently unlawful provisions in the Central Bank of Nigeria (Customer Due Diligence) Regulations directing banks to obtain information on customers’ social media handles for the purpose of identification.”

SERAP also urged him to “withdraw the Circular number FPR/DIR/PUB/CIR/007/076 of 20 June 2023 mandating banks and other financial institutions to implement and comply with the unlawful mandatory provisions on customers’ social media handles in the CBN Regulations.”

According to Section 6(a)(iv) of the CBN Regulations, banks and other financial institutions “shall identify their customer and obtain information on the social media handle of the customer.” Section 6(b)(iii) contains similar provision.

In the letter dated 24 June 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The CBN Regulations and directive to banks to obtain details of customers’ social media address violate Nigerians’ rights to freedom of expression and privacy. It is inconsistent and incompatible with the rule of law.”

SERAP said, “The CBN ought to contribute to the advancement of respect for the rule of law and human rights in the discharge of its statutory functions, and not undermine or violate these fundamental legal requirements and standards.”

According to SERAP, “The purported mandatory requirement would inhibit Nigerians from freely exercising their human rights online. If obtained, such information may also be misused for political and other unlawful purposes.”

The letter, read in part: “We would be grateful if the recommended measures are taken within 3 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and the CBN to comply with our request in the public interest.”

“The mandatory requirement of social media handles or addresses of customers does not serve any legitimate aim. Such information may be used to unjustifiably or arbitrarily to restrict the rights to freedom of expression and privacy.”

“SERAP is gravely concerned that the CBN Regulations and directive to banks and other financial institutions would impermissibly restrict the constitutional and international rights to freedom of expression, privacy and victims’ right to justice and effective remedies.”

“Requiring social media handles or addresses of customers as a means of identification would have a disproportionate chilling effect on the effective enjoyment by Nigerians of their rights to freedom of expression and privacy online.”

“The CBN bears the burden of justifying any restriction on people’s freedom of expression and privacy. Under the Nigerian Constitution 1999 [as amended] and human rights treaties to which the country is a state party, any restrictions on these rights must be applied strictly so that the rights are not put in jeopardy.”

“There are other means of identification such as passport, driver’s licence, Bank Verification Number (BVN), and Tax Identification Number (TIN), which banks and other financial institutions already require their customers to provide.”

“The additional requirement of obtaining details of a customer’s social media handle or address fails to meet the requirements of legality, necessity, and proportionality.”

“The requirement of necessity implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘regulations on customer due diligence’ is not used as a pretext to unduly intrude upon the rights to freedom of expression and privacy.”

“The CBN Regulation does not demonstrate how the use of social media handle or address as a means of identification would serve to improve banks and other financial institutions’ ability to implement and comply with the laws and regulations relating to customer due diligence.”

“The Directive by the CBN, which does not in any event carry the force of law, also fails to provide any explanation as to how social media handles or addresses can facilitate compliance with regulations relating to customer due diligence.”

“Obtaining the details of customers’ social media handles or addresses would unduly interfere with the rights to freedom of expression and privacy. It would also be disproportionate to any purported legitimate aim that the CBN seeks to achieve.”

“The facts that there are sufficient means of identification for CBN, banks and other financial institutions to rely on to meet the requirement of Know Your Customer also heighten concerns of overreach, and confer far-reaching discretion on banks and financial institutions.”

“Obtaining information on customers’ social media handles or addresses as means of identification is therefore more intrusive than necessary.”

“The cumulative effect of any attempt to access details of customers’ social media handles or addresses would be to undermine the letter, substance and spirit of the rights to freedom of expression and privacy of Nigerians.”

“The effective enjoyment of these fundamental rights constitutes a fundamental pillar for building a democratic society and strengthening democracy.”

“The CBN fails to show how details of customers’ social media handles or addresses would assist banks and other financial institutions to effectively implement and comply with the laws and regulations relating to customer due diligence.”

“Human rights, the rule of law and democracy are interlinked and mutually reinforcing and central to the universal and indivisible core values and principles of the United Nations, the African Union and the Economic Community of West African States to which Nigeria belongs.”

“The CBN is bound to respect the constitutional and international human rights of Nigerians including the rights to freedom of expression and privacy.”

“Under the principle of pacta sunt servanda and general principles governing the law of treaties, the CBN is also bound to uphold and apply in the discharge of its statutory functions the human rights treaties to which Nigeria is a state party.”

“Indeed, under international human rights law, all public or governmental institutions including the CBN are in a position to engage the responsibility of the State.”

“The positive obligations on Nigeria to ensure the rights to freedom of expression and privacy will only be fully discharged if individuals are protected against violations by institutions like the CBN.”

“The Nigerian Constitution guarantees in Section 39 the right to freedom of expression and in Section 37, the right to privacy.”

“Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights also guarantee the right to freedom of expression. Article 17 of the Covenant also guarantees the right to privacy.”

“Freedom of expression and opinion are indispensable conditions for the advancement of any person or society, as the free exercise of the right facilitates the evolution and exchange of opinions, in turn enabling principles of transparency and accountability crucial for the promotion and protection of human rights.”

“While under certain narrow circumstances, a State may restrict the right to freedom of expression, any such restrictions must be strictly limited and meet the conditions of legality (i.e. be “provided by law”), legitimate purpose, necessity, and proportionality. The CBN Regulations mandating social media handle or address as a form of identification for customers fail to meet these legal requirements.”

“In particular, Article 19(1) of the Covenant establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect and ensure ‘the right to freedom of expression,’ which includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers.”

“Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order (ordre public), or of public health and morals.”

“The principles of legality, necessity, and proportionality, apply to the right to privacy in the same manner as they do to freedom of expression and other fundamental freedoms.”

“Restrictions to the rights to freedom of expression and privacy that do not comply with the elements of legality, legitimate purpose, and necessity and proportionality shall be deemed unlawful.”
VANGUARD

News

PHOTOS: Low Turnout, Voter Apathy Mar Anambra Guber

Published

9 minutes ago

November 8, 2025

Editor

The November 8 Anambra State governorship election has been marred by low voters turn and apathy.

In Akwa, the state capital,
some tricycle riders were also seen going about their normal businesses, just as some business owners opened their shops for businesses.

In the state capital, accreditation of voters did not start in many polling units visited by our correspondent until about 9:00am.

At Polling Unit 009, Ward 06, Akwa South Local Government Area, our correspondent observed that accreditation started at about a few minutes past 9:00am with low turnout.

At Polling Unit 011, Ward 06, Akwa II, Akwa South Local Government Area, the Presiding Officer, Chiamaka Agbakoba,
told our correspondent that she started accreditation at about 9:15 am because “we were waiting for party agents to arrive, and more so there were not many voters on the ground.”

Salas Okosun, Presiding Officer, Polling Unit 018, Ward 06, Udeozo Primary School, Akwa South, said “we started accreditation exactly 9:am but voters have not been coming. As you can see, no one to capture, so we are still waiting, once it’s 2:30pm, we are done.”

Olusola Abdulsalam, Presiding Officer, Polling 017, Ward 06, Akwa II, Akwa South, said “as at 10:08, we have captured 15 voters. They have been coming out little by little.”

Presiding Officer, Polling Unit 023, Ward 06, Akwa II, Akwa South Local Government Area, Mercy Ezeah, said “we have captured 23 voters as at 10:37am, out of the total of 178 voters we are expecting.”

The narrative was however different in Polling Unit 007, Ward 05, as voters turned out to cast their ballots at the unit.

Speaking to our correspondent, a voter, Anene Chukwudezie, lamented that he was disenfranchised because INEC did not print his Permanent Voter Card.

He said: “I cannot vote for the candidate of my choice because INEC did not print my PVC. And it is not me alone, over 30% of voters in Ward 04, Akwa South have this same problem, with my findings, so they cannot vote. And this is why some of our people decide to sit at home.”

News

Okpebholo’s One Year Performance Outshines Some governors’ 8 Yrs, Says Idahosa

Published

12 hours ago

November 8, 2025

Editor

The deputy governor of Edo state, Rt. Hon. Dennis Idahosa says Governor Monday Okpebholo’s performance within his first year in office surpasses some state governors achievements in eight years of office.

In a statement by his Chief Press Secretary, Mr Friday Aghedo, the deputy governor was quoted to have said this when he played host to delegation of Esan Daughters Development Initiative of Edo State in his office on Thursday.

He assured that Okpebholo’s administration has just taken off, adding that with the support of the people, Edo will record remarkable achievements in few months to come.

Idahosa noted that with his SHINE Agenda, Okpebholo is poised to entrench good governance across the nook and cranny of the state.

He particularly noted that Okpebholo policies are people centric.

While noting that the unity of the people remains the governor’s primary concern, Idahosa reeled out names of Esan extraction who made impact on Esan land and Edo State in general.

According to him, “Distinguished Senator Monday Okpebholo, to me, is God’s gift to Esan land,” and, “the entire Edo State people are happy with him.”

The President, Esan Daughters Development Initiative of Edo State, Mrs. Kate Osaro commended Idahosa for his complementary role to Okpebholo.

According to her, their complementary roles have ensured peace reign in the state and solicited for its sustainability.

In related vein, Idahosa received and congratulated Management, Staff and Students of “Our Lady of Mercy Nursery and Basic School” on their forthcoming school’s 50th anniversary.

He appreciated the school’s management for helping to shape and impact the lives of students and society.

He deemed it an honour having the organizing committee lead pupils of the school to his office.

He encouraged them (Pupils) to aspire to greater heights by participating in politics to becoming future governors and deputy governors of the state.”

News

#AnambraDecides: Transport Unions Endorsement Of Soludo Could Undermine Perceptions Of Neutrality — KDI

Published

12 hours ago

November 8, 2025

Editor

The Kimpact Development Initiative (KDI), has expressed concern that the endorsement of governor Charles Soludo of Anambra State by the Joint Transporter Forum could undermine perceptions of neutrality in the November 8 governorship election, owing to the role they play in conveying sensitive and non-sensitive materials during elections.

KDI said since INEC relies heavily on these unions —NURTW, RTEAN, Keke, Okada, and Bus Unions — for material transportation, their partisan alignment could undermine perceptions of neutrality, risk delays, and erode public confidence in the process.

Bukola Idowu, Executive Director, expressed the organisation’s concern at a pre-election briefing held in Akwa on Friday.

“The endorsement of the incumbent governor by the Joint Transporter Forum, comprising NURTW, RTEAN, Keke, Okada, and Bus Unions, raises a significant logistical red flag,” KDI worries.

INEC’s Preparedness

The KDI, while noting that INEC has largely demonstrated logistical readiness, some operational gaps persist.

“KDI’s comparative analysis of INEC’s preparedness for the 2025 Anambra Governorship Election against the 2024 Ondo Off-Cycle Election reveals a mixed outlook on operational readiness.

“The training of ad-hoc officials concluded only on November 6, 2025, two days before the election, compared to a timelier completion in Ondo 2024 left no room for mock drills or refresher sessions, limiting INEC’s ability to evaluate the competence of ad-hoc personnel and replace unfit or unavailable staff ahead of election day.”

The CSO, however, commended INEC for the “continuous engagement with stakeholders and improvements in technology usage, particularly through the BVAS and IREV platforms,” saying that it “remains positive indicators that, if effectively managed, can mitigate these risks and enhance the credibility of the process.”

Pre-election Observation, Warning

KDI observed that voter turnout in Anambra has fallen by over 58% in the last eight years, attributing this decline to insecurity, logistical and geographical challenges, warning that “special attention must then be paid to these areas lest Anambra risks experiencing another historically low voter turnout in tomorrow’s governorship election.

“Despite consistent growth in voter registration.It will appear that voter turnout is falling at the same rate at which voter registration was growing. This means that while more citizens are registering to vote, fewer are turning out on election day, a troubling trend that points to deepening voter apathy and declining trust in the electoral process.”

On intolerance during election, KDI said while the overall security risk across the state remains moderate, several localized flashpoints persist in areas historically prone to electoral tension, political rivalry, and voter intimidation.

“The analysis identifies Aguata and Ihiala as severe-risk areas, with a high likelihood of violence or disruption on election day.

“Nnewi North, Nnewi South, and Ogbaru are categorized as high-risk LGAs, while the remaining local governments are assessed as being at a moderate risk level.

“In practical terms, this means that LGAs classified as severe or high risk face a greater probability of experiencing election-related disturbances, ranging from logistical delays and voter suppression to violent clashes, unless proactive measures are taken.

“Conversely, moderate-risk areas could be relatively peaceful, provided preventive actions are maintained and early warning signals are properly addressed.”

KDI, therefore, urged security agencies to uphold professionalism, neutrality, and restraint in their election-day operations.

“Security deployments should prioritize visible but non-intimidating presence in identified flashpoints, timely intelligence sharing, and rapid response coordination to ensure the safety of voters, election officials, and materials across all 21 LGAs,” KDI noted.

KDI, however, expressed optimism of a largely peaceful election, just as it emphasized that the “credibility of the process will depend on timely deployment, transparent procedures, and restraint by political actors and their supporters.”

The CSO also called on eligible voters to come out peacefully, exercise their civic rights, and resist any attempt to disrupt the process or sell their votes.