The Socio-Economic Rights and Accountability Project (SERAP) has threatened to drag President Bola Tinubu to court if he refuses to direct the Central Bank of Nigeria (CBN) to withdraw the cybersecurity levy recently imposed on Nigerians.
SERAP, which gave the federal government 48 hours to comply with its demands, described the CBN directive as a patent violation of the provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations and commitments.
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The civil society organization, in a statement signed by SERAP deputy director Kolawole Oluwadare, also urged the President to direct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to immediately prepare and present a bill to amend section 44 and other repressive provisions of the Cybercrimes Act 2024 to the National Assembly so that those provisions can be brought in line with the Nigerian Constitution and the country’s international human rights obligations.”
It further stated that Section 44(8) criminalising the non-payment of the cybersecurity levy by Nigerians is grossly unlawful and unconstitutional.
The statement reads in part: “Our lawyer, Ebun-Olu Adegboruwa, SAN, is already preparing the necessary court papers should the administration fail or neglect to act as recommended.
“The administration must urgently take concrete and practical measures to ensure the repeal of section 44 and other repressive provisions of the Cybercrimes Act 2024.
“If the unlawful CBN directive is not withdrawn and appropriate steps are not taken to amend the repressive provisions of the Cybercrimes Act within 48 hours, SERAP shall consider appropriate legal actions to compel the Tinubu administration to comply with our request in the public interest.
“Withdrawing the unlawful CBN directive and repealing the repressive provisions of the Cybercrimes Act 2024 will be entirely consistent with President Tinubu’s constitutional oath of office, which requires public officials to uphold the requirements of the constitution and the rule of law and abstain from all improper acts.
“The repressive provisions of the Cybercrimes Act 2024 are inconsistent and incompatible with the public trust and the overall objectives of the Constitution. A false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.
Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’
“The CBN yesterday has directed banks and other financial institutions to implement a 0.5 per cent cybersecurity levy on electronic transfers based on section 44 44(2)(a) of the Cybercrimes Act 2024 purportedly imposing an ‘a levy of 0.005 equivalent to a half per cent of all electronic transactions value by the business specified in the second schedule of the Act.’
“The money is to be remitted to the National Cybersecurity Fund (NCF), which shall be administered by the Office of the National Security Adviser (ONSA),” SERAP maintained.
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