Prominent civil society organization Socio-Economic Rights and Accountability Project (SERAP) has issued a 48-hour ultimatum to President Bola Tinubu, demanding the immediate revocation of the Central Bank of Nigeria’s (CBN) controversial cybersecurity levy and threatened legal action if the order is not rescinded.
SERAP strongly condemns the 0.5% levy on electronic transactions, asserting it violates the Nigerian Constitution and the nation’s international human rights commitments. The Cybercrimes (Prohibition, Prevention, etc) Act 2024, which authorises the levy, has been criticized for its repressive provisions that impose disproportionately harsh penalties for non-compliance.
SERAP’s Demands
In its statement, SERAP calls upon President Tinubu to:
- Direct the CBN to immediately withdraw the “unlawful” cybersecurity levy.
- Instruct the Attorney General to prepare a bill to amend the Cybercrimes Act of 2024, seeking to repeal Section 44 and other provisions that undermine fundamental rights.
The organisation emphasizes that the Tinubu administration, in upholding the Nigerian constitution, must prioritize the security and welfare of citizens.
SERAP deputy director Kolawole Oluwadare underscores the group’s determination: “If the unlawful CBN directive is not withdrawn and appropriate steps are not taken to amend the repressive provisions of the Cybercrimes Act within 48 hours, SERAP shall consider appropriate legal actions to compel the Tinubu administration to comply with our request in the public interest.” SERAP’s legal counsel, Ebun-Olu Adegboruwa, SAN, is reportedly preparing the necessary court documents.
The Levy’s Purpose
The CBN’s cybersecurity levy is intended to bolster Nigeria’s digital defenses by funding the National Cybersecurity Fund, managed by the Office of the National Security Adviser (ONSA). While the government highlights the need to strengthen cybersecurity in the face of evolving threats, many question the legality and fairness of the tax. Critics argue that the levy places an undue burden on businesses and consumers, ultimately hindering the growth of Nigeria’s digital economy.
Controversy and Implications
The implementation of the cybersecurity levy has sparked widespread public debate, underscoring the complex balance between national security, individual rights, and the health of Nigeria’s growing digital economy. SERAP’s ultimatum and threat of legal action signal a potential escalation in this dispute and highlight the legal challenges the CBN’s directive might face.
