SERAP Calls on Tinubu to Rescind CBN’s Cybersecurity Levy Directive within 48 Hours

SERAP also implores the President to command the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, to swiftly draft and submit a bill to revise section 44 and other oppressive elements of the Cybercrimes Act 2024 to the National Assembly, aligning them with the Nigerian Constitution and international human rights standards.

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to promptly use his authority to instruct the Central Bank of Nigeria (CBN) to rescind the cybersecurity levy imposed on Nigerians, citing clear violations of the Nigerian Constitution 1999 [as amended] and Nigeria’s international obligations regarding human rights.

Furthermore, SERAP has requested President Tinubu to halt Nuhu Ribadu and the National Security Adviser’s office from enforcing section 44 and other oppressive elements of the Cybercrimes Act 2024, which starkly contravene the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights, all of which Nigeria is a signatory to.

SERAP also implores the President to command the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, to swiftly draft and submit a bill to revise section 44 and other oppressive elements of the Cybercrimes Act 2024 to the National Assembly, aligning them with the Nigerian Constitution and international human rights standards.

In a declaration by SERAP’s deputy director Kolawole Oluwadare, the organization insists that the Tinubu administration must, within a 48-hour window, retract the arbitrary and illegal CBN directive that allegedly imposes a cybersecurity levy on the Nigerian populace.

SERAP contends that Section 44(8), which penalizes non-payment of the cybersecurity levy, is profoundly unlawful and unconstitutional.

Part of the statement reads: “Our attorney Ebun-Olu Adegboruwa, SAN, is in the process of preparing the necessary legal documents should the government fail or neglect to heed our recommendations.”

SERAP emphasizes the urgency for the administration to take decisive and effective action to repeal section 44 and other oppressive elements of the Cybercrimes Act 2024.

SERAP warns that if the CBN directive remains unrevoked and no measures are taken to amend the oppressive elements of the Cybercrimes Act within the stipulated 48 hours, it will consider taking legal steps to enforce compliance from the Tinubu administration in the interest of the public.

SERAP argues that revoking the CBN directive and annulling the oppressive elements of the Cybercrimes Act 2024 would be in full agreement with President Tinubu’s constitutional oath, which mandates public officials to adhere to constitutional provisions, uphold the rule of law, and avoid all improper conduct.

The statement further asserts that the oppressive elements of the Cybercrimes Act 2024 are in direct conflict with the public trust and the overarching goals of the Constitution, emphasizing that an oath must embody truth and justice, and requires the oath-taker to commit to upholding and defending the Constitution.

According to Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended], “the security and welfare of the people shall be the primary purpose of government.”

The statement concludes by noting that the CBN has recently instructed financial institutions to apply a 0.5 percent cybersecurity levy on electronic transfers based on section 44(2)(a) of the Cybercrimes Act 2024, which allegedly imposes “a levy of 0.005 equivalent to a half percent of all electronic transactions value by the business specified in the second schedule of the Act.”

The collected funds are designated for the National Cybersecurity Fund (NCF), to be managed by the Office of the National Security Adviser (ONSA).

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