SERAP sues CBN over illegal laws on prospects’ social media handles’

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The Socio-Financial Rights and Accountability Challenge (SERAP) has filed a lawsuit in opposition to the Central Financial institution of Nigeria (CBN) over “the failure to delete the patently illegal provisions within the Central Financial institution of Nigeria (Buyer Due Diligence) Laws directing banks to acquire info on prospects’ social media handles for the aim of identification.”

That is coming barely a month after the advocacy group issued a 3-day ultimatum to the apex financial institution to withdraw these laws directing banks to acquire prospects’ social media handles or face authorized motion.

What SERAP is looking for

Within the swimsuit quantity FHC/L/CS/1410/2023 filed final Friday on the Federal Excessive Courtroom in Lagos, SERAP is looking for: “an order of mandamus to direct and compel the Central Financial institution of Nigeria to withdraw its directive dated June 20, 2023, to banks and different monetary establishments to acquire info from prospects’ social media handles.”

SERAP can be looking for: “an order of mandamus to compel the CBN to delete the illegal provisions of Part 6 of its Buyer Due Diligence Laws, 2023 for being inconsistent with Part 39 of the Nigerian Structure 1999 [as amended] and Article 9 of the African Constitution on Human and Peoples’ Rights.”
SERAP can be looking for: “an order restraining the CBN from finishing up or giving impact to the illegal provisions of Part 6 of its Buyer Due Diligence Laws, 2023 directing banks and different monetary establishments to acquire info from prospects’ social media handles.”

Arguments

Within the swimsuit, SERAP is arguing that: “The necessary requirement of social media handles or addresses of consumers doesn’t serve any reliable goal. Such info could also be used to unjustifiably or arbitrarily prohibit the rights to freedom of expression and privateness.”
SERAP can be arguing that “Except the reliefs sought are granted, the CBN will implement and implement the illegal directive in contravention of residents’ rights to freedom of expression and privateness.”

The advocacy group famous that there are different technique of identification reminiscent of passport, driver’s licence, Financial institution Verification Quantity (BVN), and Tax Identification Quantity (TIN), which banks and different monetary establishments already require their prospects to supply.

SERAP can be arguing that the extra requirement of acquiring particulars of a buyer’s social media deal with or deal with fails to satisfy the necessities of legality, necessity, and proportionality.

SERAP is additional arguing that “The details that there are adequate technique of identification for CBN, banks and different monetary establishments to depend on to satisfy the requirement of Know Your Buyer additionally heighten issues of overreach and confer far-reaching discretion on banks and monetary establishments.”

Different contents of the swimsuit

The swimsuit filed on behalf of SERAP by its attorneys, Kolawole Oluwadare and Ms Blessing Ogwuche, partly reads, “Acquiring info on prospects’ social media handles or addresses as technique of identification is extra intrusive than crucial.
“In response to Part 6(a)(iv) of the CBN Laws, banks and different monetary establishments ‘shall determine their buyer and procure info on the social media deal with of the shopper.’ Part 6(b)(iii) incorporates the same provision.
“The purported necessary requirement would inhibit Nigerians from freely exercising their human rights on-line. If obtained, such info may additionally be misused for political and different illegal functions.
“The CBN Laws and directive to banks and different monetary establishments would impermissibly prohibit the constitutional and worldwide rights to freedom of expression, privateness and victims’ proper to justice and efficient cures.
“Requiring social media handles or addresses of consumers as a method of identification would have a disproportionate chilling impact on the efficient enjoyment by Nigerians of their rights to freedom of expression and privateness on-line.
“The requirement of necessity implies an evaluation of the proportionality of the grounds, with the goal of making certain that the excuse of ‘laws on buyer due diligence’ isn’t used as a pretext to unduly intrude upon the rights to freedom of expression and privateness.
“The CBN Regulation doesn’t exhibit how the usage of social media deal with or deal with as a method of identification would serve to enhance banks and different monetary establishments’ capacity to implement and adjust to the legal guidelines and laws referring to buyer due diligence.
“The Directive by the CBN, which doesn’t, in any occasion, carry the power of regulation, additionally fails to supply any clarification as to how social media handles or addresses can facilitate compliance with laws referring to buyer due diligence.
“Acquiring the main points of consumers’ social media handles or addresses would unduly intrude with the rights to freedom of expression and privateness. It could even be disproportionate to any purported reliable goal that the CBN seeks to realize.
“The cumulative impact of any try and entry particulars of consumers’ social media handles or addresses could be to undermine the letter, substance and spirit of the rights to freedom of expression and privateness of Nigerians.”
“The efficient enjoyment of those basic rights constitutes a basic pillar for constructing a democratic society and strengthening democracy.
“The constructive obligations of Nigeria to make sure the rights to freedom of expression and privateness will solely be totally discharged if people are protected in opposition to violations by establishments just like the CBN.
“The Nigerian Structure ensures in Part 39 the appropriate to freedom of expression and in Part 37, the appropriate to privateness.
“Restrictions to the rights to freedom of expression and privateness that don’t adjust to the weather of legality, reliable objective, and necessity and proportionality shall be deemed illegal.”