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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

Mozambique’s top court affirms governing party’s victory in recent election

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The highest court in Mozambique affirmed Monday that the incumbent Frelimo party won the October election, sparking widespread demonstrations from opposition parties who claim the vote was manipulated.

Fears of fresh bloodshed have been raised in the nation already shaken by weeks of fatal protests after Mozambique’s top electoral court mostly confirmed the results of the country’s contentious October elections, reinforcing the Frelimo party’s decades-long hold on power.

The final decision on the election process rests with the Constitutional Council. Mozambique, a nation of over 35 million people in Southern Africa that Frelimo has ruled since 1975, is expected to see more protests in response to its judgement.

Mozambique operates a framework of a semi-presidential representative democratic republic in a multi-party system. The president of Mozambique serves as both the head of state and the head of government.

The government exercises executive power. The administration and the Assembly of the Republic have the authority to enact laws.

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Alliance of Sahel States opposes ECOWAS disengagement schedule

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The Economic Community of West African States (ECOWAS) withdrawal timeline has been rejected by the Alliance of Sahel States (AES), which is made up of Mali, Burkina Faso, and Niger.

The AES claims that the ECOWAS is attempting to destabilise their newly formed organisation.

During a meeting last week in Abuja, Nigeria, the regional organisation announced a six-month withdrawal period to give the three nations time to change their minds after their official departure date at the end of January 2025.

However, this decision is “nothing more than yet another attempt by the French and its auxiliaries to continue planning and carrying out destabilising actions against the AES,” according to the heads of state of the AES.

“This unilateral decision is not binding on the ESA countries,” the statement continues. Before the conference, they stated that their choice to leave the organisation was “irreversible.”

According to the president of the Ecowas Commission, this will be a “transition period” that ends on “July 29, 2025” to “keep the doors of Ecowas open.”

The three nations accused the bloc of neglecting to assist them in resolving their domestic security challenges and of imposing “inhumane and irresponsible” sanctions related to the coup.

The three nations that were involved in the coup have mostly rejected ECOWAS’ attempts to undo their withdrawal. They are creating their alliance and have begun thinking about how to issue travel passports independently of ECOWAS.

It is anticipated that they will finish giving their one-year notice of departure in January.

Visa-free travel to other ECOWAS members is a significant perk of membership, and it is unclear how this would alter after the three nations exit the group.

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