Social Media Handle: 'CBN will implement, enforce unlawful directive' - SERAP

A lawsuit was last Friday instituted against the Central Bank of Nigeria (CBN) over the alleged failure to delete the patently unlawful provisions in the CBN (Customer Due Diligence) Regulations directing banks to obtain information on customers’ social media handles for identification.

The legal offensive was initiated by the Socio-Economic Rights and Accountability Project (SERAP) through its suit designated FHC/L/CS/1410/2023 before the Federal High Court in Ikoyi, Lagos.

SERAP is seeking, “An order of mandamus to direct and compel the CBN to withdraw its directive dated June 20, 2023, to banks and other financial institutions to obtain information from customers’ social media handles.

“An order of mandamus to compel the CBN to delete the unlawful provisions of Section 6 of its Customer Due Diligence Regulations, 2023 for being inconsistent with Section 39 of the Nigerian Constitution 1999 [as amended] and Article 9 of the African Charter on Human and Peoples’ Rights.

“An order restraining the CBN from carrying out or giving effect to the unlawful provisions of Section 6 of its Customer Due Diligence Regulations, 2023 directing banks and other financial institutions to obtain information from customers’ social media handles”.

In the suit, the human rights group which is specifically contending that the mandatory requirement of social media handles or addresses of customers does not serve any legitimate aim, added that such information may be used to unjustifiably or arbitrarily restrict the rights to freedom of expression and privacy.

The group further posited that unless the reliefs sought are granted, the CBN will implement and enforce the unlawful directive in contravention of citizens’ rights to freedom of expression and privacy.

According to SERAP, “There are other means of identification such as passport, driving licence, Bank Verification Number (BVN), and Tax Identification Number (TIN), which banks and other financial institutions already require their customers to provide”.

It would be recalled that the CBN had last month issued a circular mandating banks and other financial institutions to implement and comply with the mandatory provisions on customers’ social media handles in the CBN Regulations.

No date has been fixed for the hearing of the suit.

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