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SERAP Sues CBN Over ‘Unlawful Regulations On Customers’ Social Media Handles’

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Central Bank of Nigeria (CBN) over “the failure to delete the patently unlawful provisions in the Central Bank of Nigeria (Customer Due Diligence) Regulations directing banks to obtain information on customers’ social media handles for the purpose of identification.”

The CBN had last month issued a Circular mandating banks and other financial institutions to implement and comply with the mandatory provisions on customers’ social media handles in the CBN Regulations.”

In the suit number FHC/L/CS/1410/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel the Central Bank of Nigeria to withdraw its directive dated 20th June, 2023 to banks and other financial institutions to obtain information from customers’ social media handles.”

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.”

SERAP is also seeking: “an order restraining the CBN from carrying out or giving effect to the unlawful provisions of Section 6 of its Customer Due Diligence Regulations, 2023 directing banks and other financial institutions to obtain information from customers’ social media handles.”

In the suit, SERAP is arguing that: “The mandatory requirement of social media handles or addresses of customers does not serve any legitimate aim. Such information may be used to unjustifiably or arbitrarily restrict the rights to freedom of expression and privacy.”

SERAP is also arguing that, “Unless the reliefs sought are granted, the CBN will implement and enforce the unlawful directive in contravention of citizens’ rights to freedom of expression and privacy.”

According to SERAP, “There are other means of identification such as passport, driver’s licence, Bank Verification Number (BVN), and Tax Identification Number (TIN), which banks and other financial institutions already require their customers to provide.”

SERAP is also arguing that, “The additional requirement of obtaining details of a customer’s social media handle or address fails to meet the requirements of legality, necessity, and proportionality.”

SERAP is further arguing that, “The facts that there are sufficient means of identification for CBN, banks and other financial institutions to rely on to meet the requirement of Know Your Customer also heighten concerns of overreach, and confer far-reaching discretion on banks and financial institutions.”

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms Blessing Ogwuche, read in part: “Obtaining information on customers’ social media handles or addresses as means of identification is more intrusive than necessary.”

“According to Section 6(a)(iv) of the CBN Regulations, banks and other financial institutions ‘shall identify their customer and obtain information on the social media handle of the customer.’ Section 6(b)(iii) contains similar provision.”

“The purported mandatory requirement would inhibit Nigerians from freely exercising their human rights online. If obtained, such information may also be misused for political and other unlawful purposes.”

“The CBN Regulations and directive to banks and other financial institutions would impermissibly restrict the constitutional and international rights to freedom of expression, privacy and victims’ right to justice and effective remedies.”

“Requiring social media handles or addresses of customers as a means of identification would have a disproportionate chilling effect on the effective enjoyment by Nigerians of their rights to freedom of expression and privacy online.”

“The requirement of necessity implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘regulations on customer due diligence’ is not used as a pretext to unduly intrude upon the rights to freedom of expression and privacy.”

“The CBN Regulation does not demonstrate how the use of social media handle or address as a means of identification would serve to improve banks and other financial institutions’ ability to implement and comply with the laws and regulations relating to customer due diligence.”

“The Directive by the CBN, which does not in any event carry the force of law, also fails to provide any explanation as to how social media handles or addresses can facilitate compliance with regulations relating to customer due diligence.”

“Obtaining the details of customers’ social media handles or addresses would unduly interfere with the rights to freedom of expression and privacy. It would also be disproportionate to any purported legitimate aim that the CBN seeks to achieve.”

“The cumulative effect of any attempt to access details of customers’ social media handles or addresses would be to undermine the letter, substance and spirit of the rights to freedom of expression and privacy of Nigerians.”

“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 or 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, and necessity and proportionality shall be deemed unlawful.”

No date has been fixed for the hearing of the suit.

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Edo govt writes Okpebholo, APC on formation of transition team

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The Edo State Government has written to Senator Monday Okpebholo to initiate the formation of his transition team, which is expected to interface with the transition team of the outgoing administration.

In a letter dated October 10, 2024, Secretary to the State Government, Joseph Eboigbe, said, establishing the team will allow both parties to begin meaningful discussions and share vital information that will ensure a seamless transfer of responsibilities and continuity of governance.

Recall that in July 2024, the Edo State Governor, Mr. Godwin Obaseki, had inaugurated a 20-member transition committee chaired by Mr. Joseph Eboigbe, to pilot the smooth transition of power and knowledge to the next administration.

The letter reads: “I hope this message finds you in great spirits. As we prepare for the transition of power, we believe it is crucial to establish a smooth and effective collaboration between your team and our current administration.”

According to Eboigbe, “To facilitate this process, we invite you and your party, the All Progressives Congress (APC), to initiate the formation of your transition team at your earliest convenience.

“Establishing this team will allow us to begin meaningful discussions and share vital information that will ensure a seamless transfer of responsibilities and continuity of governance.”

The Secretary to the State Government noted, “We are committed to providing you with the necessary support and resources to make this transition as effective and efficient as possible. Consequently, 14th October, 2024 is proposed for the inaugural meeting for members of both Transition Committees.”

“We look forward to your prompt response and to working closely with you and your team in the coming weeks. Together, we can set the foundation for a successful administration that meets the expectations of our constituents. Thank you for your attention,” he added.

The letter by the Edo State Government to Senator Monday Okpebholo which was received by an admin secretary at the Secretariat of the Edo State Chapter of the All Progressives Congress (APC) Mr. Joy Oyere, has not yet been responded to.

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“We Can No Longer Afford Transport To Go To Work,” Nigerians Cry Out Amid Soaring Price Of Petrol

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Since the announcement of the removal of the fuel subsidy on May 29, 2023, petrol prices have continued to climb, heavily impacting inflation and transportation costs for both people and goods.

The continuous rise in petrol prices has pushed many Nigerians, already struggling with the high cost of living, into an even more difficult situation, especially with the increased cost of transportation.

Just last week, the Nigerian National Petroleum Corporation (NNPC) Limited announced new petrol prices at its filling stations, raising prices from around N850 to N998 in Lagos and N1,030 in Abuja.

This unprecedented hike has hit many Nigerians hard, particularly in the transportation sector. In Lagos, public transportation fares for buses, motorcycles (okada), and tricycles have quadrupled due to the increased fuel costs.

Daily Struggles of Commuters in Lagos
Commuters who rely on public transport to get to work are finding themselves unable to afford these services.

“Imagine spending N4,000 daily on transport while earning less than N150,000 monthly,” said Isaac Adeolu, a regular commuter traveling from Abule Egba to Victoria Island.

Adeolu, who works six days a week, stated that the rising cost of petrol has made his daily commute unsustainable.

The situation is even grimmer for Lagos residents living in shanties and uncompleted buildings in Obalende on Lagos Island. Many earn their living through roadside trading or domestic work in more affluent areas like Ikoyi, Lekki, and Falomo.

“Transport costs have increased by over 200%, and the government isn’t doing anything about it. Every day, I have to trek from Obalende to Lekki to my place of work because if I include transport fare, I’ll be left with nothing,” said Evelyn Osagi, a domestic worker who earns N65,000 monthly, a little less than the new minimum wage.

Evelyn explained that she would spend at least N30,000 a month on transport if she had to pay for the rising fares caused by the petrol price hike.

Many shanty dwellers are walking long distances to work daily because their modest incomes are no longer sufficient to cover the cost of increased transportation fares.

“We can no longer afford transport to go work,” a shanty dweller, who said she washes clothes for a living in high-class environment of Lekki, said.

The rise in petrol prices is also affecting commercial drivers, particularly those driving e-hailing vehicles.

It has become a growing trend where e-hailing drivers using platforms like Uber, In-Drive, and Bolt are now renegotiating fares with passengers directly, outside the app’s fare system.

“What can we do? The price the apps offer us can’t even buy fuel, so we have no choice but to renegotiate with our customers,” said Chukwuma Patrick, an In-Drive driver, who added that he had spent N40,000 on fuel for just two rides, barely making N25,000 in revenue. He noted that his fuel gauge was already showing red by the end of his second trip.

Before the subsidy removal, N40,000 worth of petrol would have been about 210 litres, enough to fill the tanks of three cars. Now, that same amount of fuel barely fills one car’s tank.

“Our customers understand that things are expensive now. Most of them know how much we spend on petrol daily, so when we renegotiate the price, they don’t really complain,” said Idris, an Uber driver, who mentioned that passengers now expect to pay more than the app’s listed fare due to the drivers’ struggles.

No Respite in Sight for Commuters
Despite the high cost of petrol and skyrocketing transportation fares, there appears to be no immediate relief for commuters. Energy expert Tolu Ajisafe believes that the removal of the subsidy, combined with the Nigerian National Petroleum Corporation (NNPC) stepping back from its role as the middleman between Dangote Refinery and domestic marketers, will lead to further price hikes.

“I don’t think we’ve seen the end of these price increases. The federal government seems uninterested in regulating prices anymore. NNPC is burdened with debts and foreign obligations and isn’t willing to absorb the cost,” said Ajisafe.

Ajisafe suggested that the current price of petrol is still somewhat subsidized by the government and warned that further devaluation of the naira could push petrol prices even higher. “If the exchange rate fluctuates again, petrol prices will increase. The idea that petrol is less than a dollar per litre won’t hold for long.”

For many Nigerians, the new reality of a “subsidy is gone” regime is becoming increasingly hard to bear, and they are bracing for more inflationary pressures as the situation worsens.

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Alleged Money Laundering: Onyema Remains Innocent, Case Still In Court – Air Peace

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The management of Air Peace has stated that its Chief Executive Officer, Allen Onyema, remains innocent in the series of charges levelled against him by the United States Department of Justice.

The airline noted that while the case involving its CEO and the airline’s Chief of Administration and Finance, Ejiroghene Eghagha, is still in court, such will not affect its daily operations, according to a statement signed by the airline’s management on Sunday and posted on its X handle.

The statement, titled, “Reassurance regarding recent US DOJ report,” noted that the charges levelled against the duo are “part of an extended legal process stemming from earlier accusations of financial misdeeds that date back several years.

“While the charges have been expanded, it is essential to emphasise that both Dr Onyema and Mrs Eghagha remain innocent and these are mere allegations, and the case is still in court.”


The airline asserted that its legal team is currently on top of the matter, as it’s confident that, “through due process, the truth will be revealed, and our CEO and co-defendant will be exonerated.”

It also assured the public that “these legal proceedings will not affect the safety, reliability or the day-to-day operations of Air Peace.”

In a superseding indictment, the U.S. Attorney’s Office for the Northern District of Georgia accused Onyema and Eghagha of submitting false documents in a bid to thwart a federal investigation into their activities.

The duo have been under scrutiny since 2019 for alleged money laundering. The Air Peace CEO is accused of moving over $20 million from Nigeria through US bank accounts using fraudulent documents under the guise of purchasing aeroplanes.

Eghagha is also facing charges of aggravated identity theft in connection with the scheme.

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