The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to immediately direct the Central Bank of Nigeria (CBN) to withdraw the cybersecurity levy on Nigerians, arguing that it patently violates the provisions of the Nigerian Constitution 1999 (as amended), and the country’s international human rights obligations and commitments.
SERAP, through statement by its Deputy Director Kolawole Oluwadare, said the Tinubu administration must within 48 hours withdraw the patently arbitrary and unlawful CBN directive purportedly imposing cybersecurity levy on Nigerians.
SERAP also urged the president to stop Nuhu Ribadu and the office of the National Security Adviser (NSA) from implementing section 44 and other repressive provisions of the Cybercrimes Act 2024, as it flagrantly violates the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights, to which Nigeria is a State party.
The group also asked that 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.
SERAP said: “Section 44(8) criminalising the non-payment of the cybersecurity levy by Nigerians is grossly unlawful and constitutional.
“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 effective 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“If the unlawful CBN directive is not withdrawn and appropriate steps are not taken to amend the repressive provisions of the Cybercrimes Act within 48 hours, SERAP shall consider appropriate legal actions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 requires public officials to uphold the provisions of the constitution, and the rule of law and abstain from all improper acts.
“The repressive provisions of the Cybercrimes Act 2024 are clearly 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 statement read in part.
The CBN yesterday, 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.
The 0.005 levy is equivalent to a half per cent of all electronic transactions value by the business specified in the second schedule of the Cybercrime Act 2024, the CBN had explained, adding that the money is to be remitted to the National Cybersecurity Fund (NCF), which would be administered by the Office of the National Security Adviser (ONSA).
