SERAP gives Tinubu 48 hours to stop cybersecurity tax order

The Socio-Economic Rights and Accountability Project (SERAP) has threatened to take President Bola Tinubu to court if he refuses to order the Central Bank of Nigeria (CBN) to withdraw the cybersecurity tax recently imposed on Nigerians.

SERAP, which gave the federal government 48 hours to comply with its demands, described the CBN directive as a blatant violation of the provisions of the 1999 Constitution of Nigeria (as amended) and the country’s international rights obligations and commitments. humans.

The civil society organisation, in a statement signed by the Deputy Director of SERAP, Kolawole Oluwadare, also urged the President to direct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to immediately prepare and submit a draft of law to modify article 44 and other repressive regulations. provisions of the Cybercrime Act 2024 to the National Assembly so that such provisions can be aligned with the Nigerian Constitution and the country’s international human rights obligations.”

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He further stated that Section 44 (8), which penalizes non-payment of cybersecurity tax by Nigerians, is manifestly illegal and unconstitutional.

The statement reads in part: “Our lawyer Ebun-Olu Adegboruwa, SAN, is already preparing the necessary court documents in case the administration fails to act or does not act as recommended.

“The administration must urgently take concrete and practical steps to ensure the repeal of Article 44 and other repressive provisions of the Cybercrime Act, 2024.

“If the illegal directive of the CBN is not withdrawn and adequate steps are not taken to amend the repressive provisions of the Cyber ​​Crimes Act within 48 hours, SERAP will consider appropriate legal action to compel the Tinubu administration to comply. with our request in the public interest.

“Withdrawing the illegal CBN directive and repealing the repressive provisions of the Cybercrimes Act, 2024 will be fully consistent with President Tinubu’s constitutional oath, which requires public officials to uphold the requirements of the constitution and the rule of law and adhere to refrain from all improper acts. .

“The repressive provisions of the Cybercrime Act of 2024 are inconsistent and incompatible with public trust and the general objectives of the Constitution. A false oath lacks truth and justice. Oath statements require those taking the oath to agree to respect and defend the Constitution.

Section 14(2)(b) of the 1999 Nigerian Constitution (as amended) states that “the security and welfare of the people shall be the primary objective of the government.”

“The CBN yesterday ordered banks and other financial institutions to implement a 0.5 percent cybersecurity tax on electronic transfers based on section 44 44 (2) (a) of the Cybercrimes Act, 2024, which supposedly imposes a ‘tax of 0.005 equivalent to half a percent of the value of all electronic transactions carried out by the company specified in the second schedule of the Act.

“The money will be sent to the National Cybersecurity Fund (FNC), which will be administered by the Office of the National Security Advisor (ONSA),” SERAP said.