SERAP Calls on President Tinubu to Revoke CBN’s Cybersecurity Levy

Socio-Economic Rights and Accountability Project (SERAP) has issued a stern call to President Bola Tinubu, urging him to direct the Central Bank of Nigeria (CBN) to retract the recently imposed cybersecurity levy on Nigerians. This levy, according to SERAP, blatantly contravenes provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.

In a statement signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organization demanded that the Tinubu administration rescind the arbitrary and unlawful directive within 48 hours.

Additionally, SERAP urged President Tinubu 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, citing violations of constitutional and human rights provisions.

The organization further called on 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 contentious provisions of the Cybercrimes Act 2024 to the National Assembly. This, they argue, would align the Act with constitutional principles and international human rights obligations.

SERAP warned of potential legal action should the administration fail to act within the stipulated timeframe, stressing the importance of compliance in the public interest.

According to SERAP, the cybersecurity levy, as directed by the CBN, is deemed unlawful and unconstitutional. Lawyer Ebun-Olu Adegboruwa, SAN, is reportedly preparing necessary court documents should the administration fail to heed their recommendations.

The organization emphasized the urgency for tangible steps to repeal repressive provisions of the Cybercrimes Act 2024, highlighting that failure to withdraw the CBN directive and amend the Act would prompt legal action.

Withdrawal of the directive and repeal of repressive provisions, SERAP contends, would align with President Tinubu’s constitutional oath of office, which mandates upholding the constitution and the rule of law.

In response to the CBN’s directive, which imposed a 0.5 percent cybersecurity levy on electronic transfers, based on section 44(2)(a) of the Cybercrimes Act 2024, SERAP underscored the inconsistency and incompatibility of the levy with constitutional provisions and the public trust.

The 0.5 percent levy, equivalent to 0.005, applies to electronic transactions and is earmarked for remittance to the National Cybersecurity Fund (NCF), administered by the Office of the National Security Adviser (ONSA).

As SERAP intensifies its advocacy for the withdrawal of the levy and the amendment of repressive provisions, the Nigerian public awaits further developments in this unfolding legal and constitutional debate.