The Socio-Economic Rights and Accountability Project has taken legal action against the Central Bank of Nigeria for directing banks to obtain information on customers’ social media handles for identification purposes.
In a press statement released on Sunday by its Deputy Director, Kolawole Oluwadare, SERAP said it filed a lawsuit seeking an order of mandamus to compel CBN to withdraw its directive and delete the provisions of Section 6 of its Customer Due Diligence Regulations, 2023.
SERAP believes that the directive and provisions are inconsistent with the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
SERAP is also seeking “an order of mandamus to compel the CBN to delete the unlawful provisions of Section 6 of its Customer Due Diligence Regulations, 2023, for being inconsistent with Section 39 of the Nigerian Constitution 1999 [as amended] and Article 9 of the African Charter on Human and Peoples’ Rights. Accessing details of customers’ social media handles or addresses would undermine the letter, substance, and spirit of Nigerians rights to freedom of expression and privacy.
“The effective enjoyment of these fundamental rights constitutes a fundamental pillar for building a democratic society and strengthening democracy.
“The positive obligations on Nigeria to ensure the rights to freedom of expression and privacy will only be fully discharged if individuals are protected against violations by institutions like the CBN.
“The Nigerian Constitution guarantees in Section 39 the right to freedom of expression and in Section 37 the right to privacy.
“Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights also guarantee the right to freedom of expression. Article 17 of the Covenant also guarantees the right to privacy.
“In particular, Article 19(1) of the Covenant establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect and ensure ‘the right to freedom of expression,’ which includes the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers.
“Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security, of public order (ordre public), or of public health and morals.
“The principles of legality, necessity, and proportionality apply to the right to privacy in the same manner as they do to freedom of expression and other fundamental freedoms.
“Restrictions to the rights to freedom of expression and privacy that do not comply with the elements of legality, legitimate purpose, necessity, and proportionality shall be deemed unlawful.”
No date has been fixed for the hearing of the suit.
