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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

Tunisia: Presidential contender Zammel remains in detention despite being legally discharged

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After being arrested on Monday, and his release ordered by a judge on Thursday, Tunisian presidential contender, Ayachi Zammel, remained in custody as of Friday, his campaign staff reported.

Zammel is one of three candidates approved by Tunisia’s electoral commission for an Oct. 6 presidential election that opposition sources allege is rigged for President Kais Saied.

Authorities accuse him of electoral irregularities.

He was reportedly released from police custody for the first time before being re-arrested. But he remained in prison Friday, his campaign staff told Reuters. Mahadi Abdel Jawed: “Zammel was arrested minutes after his release last night.”

For next month’s election, he’s accused of fraudulent voter forms. All candidates must submit 10,000 supporter forms to run. He denies accusations.

Zammel says he is restricted and intimidated since he is a serious Saied competitor. He promises democracy, liberties, and economic recovery for Tunisia.

Saied was democratically elected in 2019, but he took power by fiat in 2021, which the opposition called a coup.

Major political forces argue that Saied’s rule has damaged Tunisia’s 2011 revolution’s democratic accomplishments.

Human rights groups and opposition parties have accused the government of employing arbitrary limitations to re-elect Saied.

Presidential elections in Tunisia are scheduled for October 6, 2024. These are the first presidential elections since President Kais Saied’s 2021 coup attempt.

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Burundi launches much-awaited demographic census

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Burundi’s National Census of the Population, Housing, Agriculture, and Livestock has begun as President Evariste Ndayishimiye urged citizens to provide accurate information to aid in project development.

The president of state urged Burundians and foreigners living in Burundi to be counted and to be truthful with information.

“Everyone must know that this census is important for the country and the population. Based on this census, we will be able to get the right state of the country, and its economic situation, and enable us to make good project plans, because it is difficult to plan for the future without knowing the current situation. I call on residents of Burundi to respond truthfully and honestly in the questionnaire because wrong information may hinder project planning,” the President said.

Census personnel, supervised by the president of the Central Bureau of the Census, Nicolas Ndayishimiye, registered President Ndayishimiye and his family at their home on Mt Vugizo in Bujumbura’s Kiriri Quarter.

Vice-President Prosper Bazombanza and his family also participated in the exercise on Monday, and he echoed the President’s message, adding that accurate data would aid in the design of education and other social services.

However, this year’s count has presented complications, with enumerators reporting difficulty locating certain residents due to abandoned homesteads.

The agents are also dealing with travel and accommodation issues as a result of delays in the disbursement of their allowances, and many have had to walk great distances during the day to reach residential neighbourhoods.

In a news briefing last week, Central Bureau of Census Director Nicolas Ndayishimiye stated that the government has set aside BIF66 billion ($22.85 million) to fund the activities, with the World Bank pledging an additional $6.5 million.

Burundi’s last population and housing census was done in 2008. The ongoing exercise is scheduled to end on September 15.

Since its independence in 1962, Burundi has undertaken three censuses: in 1979, 1990, and 2008. The country now has five provinces: Gitega, the political capital; Bujumbura, the economic capital; and Butanyera, Buhumuza, and Burunga.

 

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