The Socio-Economic Rights and Accountability Project (SERAP), has issued a 48-hour ultimatum to President Bola Ahmed Tinubu, demanding the withdrawal of the CBN directive regarding the cybersecurity levy.
Yesterday, the CBN issued a directive instructing banks and other financial institutions to enforce a 0.5 per cent cybersecurity levy on electronic transfers, citing section 44(2)(a) of the Cybercrimes Act 2024.
According to Serap, the levy violates the provisions of the Nigerian Constitution 1999 [as amended], and the country’s international human rights obligations and commitments.
The CBN clarified that the 0.005 levy corresponds to half a percent of the total value of electronic transactions by the businesses specified in the second schedule of the Cybercrime Act 2024.
Furthermore, the CBN explained that the funds are to be remitted to the National Cybersecurity Fund (NCF), under the administration of the Office of the National Security Adviser (ONSA).
In a statement signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organization demanded that the Tinubu administration withdraw the CBN directive imposing a cybersecurity levy on Nigerians within 48 hours, describing it as patently arbitrary and unlawful.
SERAP also called on him to halt Nuhu Ribadu and the Office of the National Security Adviser (NSA) from enforcing section 44 and other repressive provisions of the Cybercrimes Act 2024, as they blatantly violate the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights, to which Nigeria is a state party.
The group further urged the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to promptly draft and present a bill to amend section 44 and other repressive provisions of the Cybercrimes Act 2024 to the National Assembly, aligning them with the Nigerian Constitution and the country’s international human rights obligations.
SERAP emphasized that Section 44(8), which criminalizes the non-payment of the cybersecurity levy by Nigerians, is grossly unlawful and unconstitutional.
SERAP’s statement
Parts of the statement reads “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,”