Acting governor of the Central Bank of Nigeria (CBN), Mr. Folashodun Shonubi has been urged by the Socio-Economic Rights and Accountability Project (SERAP) to “immediately delete the patently unlawful provisions in the Central Bank of Nigeria (Customer Due Diligence) Regulations directing banks to obtain information on customers’ social media handles for identification.”
Along with that, SERAP urged him to “withdraw Circular number FPR/DIR/PUB/CIR/007/076 of 20 June 2023 mandating banks and other financial institutions to implement and comply with the unlawful mandatory provisions on customers’ social media handles in the CBN Regulations.”
Banks and other financial institutions “shall identify their customer and obtain information on the customer’s social media handle,” as stated in Section 6(a)(iv) of the CBN Regulations. Similar language is included in Section 6(b)(iii).
The organization said in a letter dated June 24, 2023, and signed by SERAP deputy director, Kolawole Oluwadare, that the CBN Regulations and direction to banks to seek information about customers’ social media addresses violate Nigerians’ rights to freedom of expression and privacy. It contradicts the rule of law and is incompatible with it.
“In performing its statutory duties, the CBN should support the promotion of respect for the rule of law and human rights and should not undermine or infringe upon these essential legal requirements and norms.
“Nigerians would be prevented from freely enjoying their human rights online by the alleged mandatory requirement. If collected, such information might also be utilized unlawfully for political or other objectives.”
SERAP requested that the suggested actions be carried out no later than three days following the receipt and/or publishing of this letter. “If by then you have not responded to our request, SERAP will take all necessary legal steps to compel you and the CBN to do so in the public interest.”
The letter further went on to say that the “CBN Regulations and directive to banks and other financial institutions would impermissibly restrict the constitutional and international rights to freedom of expression, privacy, and victims’ right to justice and effective remedies” was a concern.
It said, “Requiring social media handles or customers’ addresses as a means of identification would have an excessively chilling effect on the effective enjoyment of Nigerians’ rights to freedom of expression.
“The onus is on the CBN to demonstrate the need for any limitations on people’s right to privacy and freedom of expression. Any limitations on these rights must be implemented scrupulously to prevent the rights from being jeopardized following the Nigerian Constitution of 1999 [as amended] and human rights treaties to which the nation is a state party.
“There are various forms of identification that banks and other financial organizations already demand their clients to present, including passports, driver’s licenses, bank verification numbers (BVN), and tax identity numbers (TIN).
“The additional demand for a customer’s social media handle or address does not adhere to the principles of legality, need, and proportionality.
SERAP said the CBN has failed to show how “details of customers’ social media handles or addresses would assist banks and other financial institutions to effectively implement and comply with the laws and regulations relating to customer due diligence.”
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