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Civil society organizations sue Nigerian’s central bank over new cybersecurity levy

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The Socio-Economic Rights and Accountability Project, a non-profit organization, BudgIT, and 136 concerned Nigerians have sued the Central Bank of Nigeria “over its failure” to rescind the recently announced controversial cybersecurity levy.

In what was described as an “unlawful circular,” the plaintiffs in the suit number FHC/L/CS/822/2024 filed last Friday at the Federal High Court, Lagos State,  asked the court to determine “whether the CBN circular dated 6th May 2024, directing financial institutions to deduct from customers’ accounts a cybersecurity levy is unlawful and therefore ultra vires the CBN.”

SERAP’s Deputy Director, Kolawole Oluwadare, revealed the lawsuit in a statement on Sunday following the apex bank’s circular last Monday, ordering all commercial, merchant, non-interest, and payment service banks in the country to charge a cybersecurity levy on transactions.

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy.” the circular stated.

The announcement of the levy has been greeted with widespread condemnation, leading to President Bola Tinubu asking the CBN to suspend the implementation of the controversial cybersecurity levy policy and order a review; however, the plaintiffs asked the court to determine whether the apex bank’s directive “is not in breach of sections 14(2), 44(1), and 162(1) of the Nigerian Constitution 1999 [as amended], and thus unconstitutional, null, and void.”

They insisted that the “CBN, its office, agents, privies, assigns, or any other persons acting on its instructions from enforcing the circular dated 6th May 2024, pending the hearing and determination of the motion on notice filed contemporaneously in this suit,” be restrained.

The plaintiffs’ lawyer, Ebun-Olu Adegboruwa, SAN, filed the complaint, which stated, in part, that “the CBN circular is unlawful and an outright violation of the provisions of the Nigerian Constitution and the country’s international obligations.”

“Unless the reliefs sought are granted, the CBN will enforce its circular directing banks to deduct from customers’ accounts a cybersecurity levy. Millions of Nigerians with active bank accounts would suffer irreparable damage from the unlawful deduction of cybersecurity levies from their accounts.

“The provisions of the Cybercrimes Act on payment of cybersecurity levy strictly apply only to businesses listed in the Second Schedule to the Act. These provisions do not refer bank customers, contrary to the CBN circular to all banks and other financial institutions.”

Meanwhile, Nigeria’s Vice President, Kashim Shettima, on Saturday allayed fears of citizens over the tax reforms being implemented by the current administration, stressing that the tax reforms are targeted at revitalizing the country’s economy and not to frustrate and impoverish Nigerians.

Politics

Nigerian Air Force adds 34 Italian planes, helicopters

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Nigeria’s air force is acquiring 24 Italian-made M-346 attack jets and ten AW-109 Trekker helicopters as part of a fleet renewal strategy, a spokesperson said on Monday.

Air Force spokesperson, Olusola Akinboyewa, said in a statement that a team led by Nigeria’s Chief of the Air Staff Air Marshal Hasan Abubakar met with executives from Italy’s Leonardo S.p.A, the manufacturer, in Rome who confirmed the first three M-346 aircraft were expected to be delivered by early 2025, with subsequent deliveries running until mid-2026.

The Trekker helicopters are expected by early 2026, Akinboyewa said.

“The M-346 and Trekker acquisitions are key steps towards fleet renewal,” Abubakar was cited as saying, emphasizing the need for a maintenance hub in Nigeria to provide long-term support, particularly for the M-346 fleet.

Nigeria, which has been fighting a 15-year Islamist insurgency against Boko Haram and the Islamic State West Africa Province (ISWAP) in the northeast, as well as attacks by armed bandits in the northwest, has increased military spending in recent years.

Nigeria received two “Huey” helicopters in June to go with the two Trekkers it had previously purchased and the twelve American-built A-29 Super Tucano light attack jets it had been given in 2021 to combat rebels.

Wing Loong II drones manufactured in China are still awaiting delivery.

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Cameroon prohibits discussing 91-year-old President Biya’s health

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In response to growing suspicion that 91-year-old President Paul Biya was ill, Cameroon has banned any talk regarding Biya’s health, according to a letter released by the interior ministry.

The reports that the president had been unwell were brushed off as “pure fantasy” by the administration, which released comments earlier this week stating that he was in good condition and on a private visit to Geneva.

Paul Atanga Nji, the interior minister, stated that talking about the president’s health was a matter of national security in a letter to regional governors dated October 9.

“Therefore, it is strictly forbidden to have any discussion about the president’s condition in the media going forward.” The whole weight of the law would be applied to offenders, Nji stated.

He gave the governors orders to form teams to keep an eye on social media and private media broadcasts.

If Biya passed away or was too sick to hold office, the oil- and cocoa-producing nation of Cameroon—which has only had two presidents since gaining independence from France and Britain in the early 1960s—would probably be faced with a difficult succession situation.

The National Communication Council, Cameroon’s media regulator, could not be reached for comment at this time. Many criticised the action as an example of state censorship.

“The president is elected by Cameroonians and it’s just normal that they worry about his whereabouts,” said Hycenth Chia, a Yaounde-based journalist and talk show host on privately owned television Canal2 International.

“We see liberal discussions on the health of Joe Biden and other world leaders, but here it is a taboo,” he told Reuters.

Committee to Protect Journalists, an advocacy group for press freedom, expressed its deep concern.

“Trying to hide behind national security on such a major issue of national importance is outrageous,” said Angela Quintal, head of the CPJ’s Africa Program.

Since early September, when Biya attended a China-Africa summit in Beijing, she has not been sighted in public. His absence at a summit in France last weekend, which was scheduled, fuelled even more public speculation about his health.

President Biya is one of several long-serving African leaders, including Yoweri Museveni of Uganda, who has been in office since 1982, and Teodoro Obiang Nguema Mbasogo of Equatorial Guinea, Rwanda’s Paul Kagame is also gradually evolving into the group.

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