SERAP gives Tinubu 48hrs to reverse 0.5% cybersecurity levy

The Socio-Economic Rights and Accountability Project (SERAP) has asked President Bola Tinubu to immediately direct the Central Bank of Nigeria (CBN) to withdraw the cybersecurity levy on electronic transfers in the country.

SERAP said the cybersecurity levy violates the provisions of the Nigerian Constitution (as amended) and the country’s international human rights obligations and commitments.

SERAP, in a statement issued by its Deputy Director, Kolawole Oluwadare, on Tuesday, May 7, 2024, also urged Tinubu “to stop Mr 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 organisation enjoined the president “to direct the Attorney General of the Federation and Minister of Justice, Mr 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.”

CBN orders banks to impose 0.5% cybersecurity levy on electronic transfers

It added: “The Tinubu administration must within 48 hours withdraw the patently arbitrary and unlawful CBN directive purportedly imposing cybersecurity levy on Nigerians.

“Section 44(8) criminalizing 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“If the unlawful CBN directive is not withdrawn and appropriate steps are not taken to amend the repressive provisions of the Cybercrimes Act within 48 hours, SERAP shall consider appropriate legal actions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 Star