News
Court Backs CBN, Directs Banks to Collect Customer’s Social Media Handles
Federal High Court sitting in Lagos has held that a Central Bank of Nigeria (CBN) regulation, which requires financial institutions to demand and collect the social media handles of their customers, as part of the standard Know-Your-Customer procedure, is not a breach of the right to privacy.
Justice Nnamdi Dimgba struck out a suit filed by a Lagos-based lawyer, Chris Eke, seeking a declaration that the regulation as contained in Section 6(a)(iv) of the Central Bank of Nigeria (Customer Due Diligence) Regulations, 2023, is undemocratic, unconstitutional, null and void, to the extent of its inconsistency with Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The applicant had also asked the court, to grant an order of perpetual injunction, restraining CBN from enforcing the regulation which requires financial institutions, to request customers’ social media handles as part of normal bank customer due diligence requirements.
The CBN in its response to the suit, filed a notice of preliminary objection, challenging the competence of the suit. The apex bank also disagreed that the said regulation constitutes any interference with the private life of the applicant, as claimed.
In his judgment, Justice Dimgba held that the notice of preliminary objection had merit, and he subsequently struck out the suit.
The judge said in his view, the provision of a social media handle is the same as the provision of email address, phone numbers and other means by which a potential customer of a bank can be contacted and or due diligence, to determine if the person is a fit and proper person for the bank to do business with, and as such, the regulation does not amount to an infringement on the right to privacy.
According to Justice Dimgba, the essence of having a social media account was for one to be publicly visible communication-wise, and it would be highly unreasonable to hold the CBN in breach of privacy for it.
The judge held that “First, the Applicant claims that the requirements on the CBN Regulations for financial institutions to request and collect the social media handle of its customers as part of KYC infringes on his right to privacy.”
“This claim is very ambitious and amounts to a very far throw. The said Regulations are directed to and apply to financial institutions. It does not apply to private individuals such as the Applicant.
“Even if, as appears to be argued, that the Regulations itself would inevitably affect the Applicant, this claim is speculative for the simple reason that in nowhere in the affidavit in support was it stated that the Applicant operates an account with a financial institution and that the said institution had demanded his social media handle. So the suggestion that he would be affected by this Regulation, albeit negatively, is very speculative and at large.
“Secondly, there is also no deposition to the effect that any financial institution had begun to implement this Regulation and that its implementation had begun to create disruptions and inconvenience against the general population, in which case one could infer that the suit should be legitimated as a public interest litigation.
“Thirdly, assuming even that the banks had begun to implement these regulations, the applicant assuming he maintained any bank accounts or sought to open one, but is being hindered or irritated by the requirement of the Regulation to avail his social media handle as part of KYC, the Applicant still had a choice, which is to refuse to do business with any bank insisting on the information as part of its social media handle, but to seek other alternatives.
“Fourthly, and for all it is worth, I do not see how asking a banking or potential banking customer to provide his social media handle can ever amount to a breach of privacy.
“Granted that Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides inter alia: “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.
“My view is that the provision of a social media handle is of the same genre as the provision of email address, phone numbers and other means by which a potential customer of a bank can be contacted.
“Thus, it is clear from the face of the Regulations as set out above that email addresses, phone numbers and social media handles are all provided for under clause 6iv just to show that the aim was not to pry on anyone but rather to provide alternative ways by which a customer of the bank can be contacted, and or due diligence conducted on the person to determine if the person is a fit and proper person to extend banking services to.
“I do not see how this infringes on the right to privacy. I should even say that the essence of having a social media account was for one to be publicly visible communication-wise. It, therefore, appears quite ironic, though wryly, that one can suggest that asking for information about a social media handle with which the individual exposes and immerses himself or herself in the public, can amount to a violation of privacy rights, which rights itself is all about isolation of one from public glare.
“It is also to my knowledge that even in filling some business applications, personal information of this sort, is sometimes requested, and parties generally oblige. If it does not constitute a breach of privacy, why should it now?
“A social media handle is left at large for the world to see, being in the public space, everyone enjoys the liberty to have access to it whether or not consent was obtained. It would be highly unreasonable to hold the Respondent in breach of privacy for what other persons have access to.
“The apprehension of the Applicant of his social interactions being monitored is manifestly speculative in itself and rather incredulous to believe that the financial institutions have the luxury of time to concern itself with such frivolities.
“On the whole, if I did not sustain the NPO, I would have dismissed the suit for the reasons stated. But the NPO having been sustained, the suit is therefore hereby struck out.
“I make no order as to costs”.
The Nigerian Electricity Regulatory Commission (NERC) has said the World Bank will soon be executing a solar auction framework that will reduce the cost of solar tariff in Nigeria.
The Head of the Renewable Energy/Corporate Planning and Strategy, NERC, Engineer O. Jonathan stated this during a webinar competency centre renewable series of the Major Energies Marketers Association of Nigeria (MEMAN).
He said: “We are having some challenges which have to do with integrating the solar energy into the national grid. Those challenges, many commissions, have come to the aid of the commission.
“World Bank presently is bringing out a solar auction framework. That solar auction framework, once it commences, it will allow the developers and the cost of solar tariff will go down.
“That is the essence of the solar auction. It will open the space for all the contractors in Nigeria to be in it.
“In financing and investment, the World has outlined how they will support in the distribution and transmission segment, not in the generation.”
Head Supply, HSEQ, and Technical at MEMAN in a communique made available to journalists on Friday remarked on the importance of the workshop in advancing Nigeria’s energy transition agenda. The workshop was titled: “Energy transition through solar energy.”
Permanent Secretary, Lagos State Ministry of Energy and Mineral Resources, Engineer Abiola Kosegbe, said there is a deficit in the energy needs of Nigerians and Lagos State residents, in particular.
She stated that Lagos State has set an ambitious target to generate 50% of its electricity from renewable sources by 2030, with initiatives like the “Solar for All” program playing a crucial role in achieving this goal.
She stressed the need for continued investment in infrastructure, supportive policies, and collaboration to sustain the growth of renewable energy in Lagos and across Nigeria.
Kosegbe said: “Advancement of renewable technologies and the transformative potential for the energy sector. We know that there is a deficit in the energy needs of Nigerians and in Lagos State, in particular. That cannot just be over-emphasised.
“We stand on a new era of advancement in renewable technologies. We need to fill the gaps that we are faced as we are in Nigeria today. Solar, wind, hydro, bioenergy are not just alternative sources.
“They are becoming the backbone of sustainable energy future. Innovations in this fields are driving efficiency, reducing costs and unlocking new possibilities.
“Focusing on solar power, for example, recent breakthroughs in the energy storage are dramatically increasing solar efficiency and making it more accessible than ever.
“Wind energy too, has seen remarkable strides with development of larger more efficient turbines and offshore installations that harness stronger and more consistent winds.
“For Lagos State we have set an ambitious renewable energy target. We are aiming to generate 50% of electricity through renewable sources by 2030. Solar energy is leading the charge with Lagos state government launching initiatives like Solar for all programme, providing affordable solar energy solutions for homes and businesses.
“In Lagos State today, we have seen the solar energy adaption grow by 200% in the last two years.
“The advancement in renewable energy technologies are not just shaping the future of energy, they are defining it, with continues innovation and dedication, we have the opportunity to create energy sector and in deed a society that is clean, resilient and sustainable for generations to come.”
Dr. Mustapha Abdullahi, Director-General, Energy Commission of Nigeria, said both the federal and state governments need to commission and adequately fund national research programmes on specific solar solar photovoltaic (PV) component aspects so that it will enhance the localization of some percentage of technology in Nigeria.
His presentation which focused on advancing solar photovoltaic (PV) technology in Nigeria, was delivered by the Director, Renewable Energy Department, Sulu Bolaji Fulani Ibrahim.
He stated that solar PV holds immense potential to transform Nigeria’s energy landscape, with applications ranging from home systems to large-scale utility projects.
According to him, there is a critical need to adopt the latest solar technologies to ensure cost-effectiveness and value for money.
He underscored the importance of policy documents such as the National Energy Policy and the Renewable Energy Action Plan in guiding the development of solar energy.
He added that the strategic use of Nigeria’s mineral resources, such as lithium, is crucial for supporting local content and driving the renewable energy industry.
He said: “We need do to have parameters for assessment so that we have value for money. This is for cost effectiveness. We also have to look at the technology readiness level and the local content of the solar PV technology.
“For technology readiness, most of the solar PV components we are using in Nigeria today are at the highest meaning that technology is matured. For local content, we have minerals that are key to energy transition.
“One of them is lithium. So we need to take advantage of the minerals reserves that we have. We need to develop the local content.”
From smart watches and digital assistants to connected cars, web-enabled Internet of Things (IoT) devices and technologies are transforming daily life and industry.
To ensure the integrity and safety of IoT systems, Kaspersky experts are contributing to the development of a new International Organization for Standardization (ISO) standard for IoT devices: “ISO/IEC TS 30149 Internet of Things (IoT) – Trustworthiness principles”.
This standard is being established in collaboration with experts from the Joint Technical Committee 1 between ISO and International Electrotechnical Commission (IEC).
The standard sets out the factors making IoT devices safe and trustworthy, analysing the relations between unconditional trust and assured system dependability, formalising the general concept of trust.
With the complexity of today’s IoT solutions and increasing sophistication of cyberattacks targeting these devices, having a technical understanding of solutions is crucial for mitigating the inherent risks of these products.
Kaspersky perceives trust as a concept to ensure all relevant stakeholders understand the specific trust elements of an IoT solution, and any potential risks in their given use case.
Developed over the last five years, the standard sets requirements for the trust of cyber-physical systems, including various devices and systems of IoT and industrial Internet of Things (IIoT). The standard defines a complex and ambiguous concept of trust, as well as principles for building and managing trust in the system life cycle.
The document also describes principles for IoT system trust management and building trusted systems, with the standard annex containing best practices for IoT system trustworthiness.
They include participative (stakeholder-based) approach, trustworthiness characterisation method, system maturity models, and impact assessment, among others. The annex also specifies a trustworthiness view that covers practical aspects of assuring the quality and security of IoT system usage.
The document standard regulates the principles of trust in terms of reliability, security, information security, personal data security, and robustness in the face of attacks. It outlines principles for building and managing trust and confidence in IoT and IIoT systems throughout their life cycle, considering both the informational and physical aspects.
Ekaterina Rudina, Security Analysis Group Manager at Kaspersky, noted: “The operation of IoT systems is a serious process that should be secured on both cyber and physical levels. The trustworthiness of these systems is a key factor for developers and users.
“We are always committed to creating the highest security standards and constantly work on sharing our global expertise. It’s encouraging to see how the international expert community continues to work and to make significant progress in this area.”
News
Family of Detained Binance Executive, Raises Alarm Over Deteriorating Health, Rights Violations in Nigerian Custody
Family of Tigran Gamabryan, a Binance executive who has been detained by the Nigerian government, has raised serious concerns about his deteriorating health and the alleged violation of his rights as he approaches six months in custody.
Gamabryan, who has been in detention since February 26th, 2024, is reportedly suffering from severe health issues, including a herniated disc and spinal injury, which have left him unable to walk.
According to a statement released by his family on Tuesday, the prison authorities have refused to provide Gamabryan with a wheelchair, forcing him to remain bedridden. This has resulted in muscle atrophy, requiring him to take blood thinners to prevent blood clots. His condition they said, has worsened over time, and he has also suffered from malaria, double pneumonia, and now severe tonsillitis, which reportedly requires surgery.
The statement also revealed that Gamabryan’s legal team has also faced significant challenges in accessing him.
“From July 26th to August 14th Tigran’s legal team were denied entry to visit him in prison – with no explanation – which is against the Nigerian constitution and the governing laws of the prison in which he is being held.
When the team was allowed to visit him (after it was made public that they had been denied entry), they were only allowed a 5 minute visit which is insufficient time to prepare for his trial, in contravention of the Nigerian constitution (Chapter 4 section 36, subsection 6b). Since then they have been denied entry again.”
The U.S. Embassy, which has been involved in the case, no longer has access to Gamabryan due to his inability to walk to the visitor area.
His family has also expressed concern that his health will continue to deteriorate without proper medical care.
Gamabryan’s detention began under controversial circumstances. He was invited to Nigeria by the government for a meeting and was assured of his safety.
However, during the meeting, his passport was confiscated, and he was taken to a “guest house” where he was held for nearly a month before being formally charged. The Nigerian authorities initially informed the American Embassy that Gamabryan was staying at the guest house willingly.
He was eventually moved to Kuje prison after charges were brought against him by the Nigerian Economic and Financial Crimes Commission (EFCC). The EFCC prosecutor reportedly stated that Gmabryan was being charged because Binance operates virtually, and he was the only individual they could hold accountable.
“Tigran was invited to Nigeria by the Nigerian government for a meeting and was given assurances that he would be safe. However, during the meeting his passport was taken and he was made to pack his items from the hotel and was taken to a “guest house”.
“After he was detained by them, the Nigerian authorities told the American Embassy that Tigran was staying at the guest house willingly.
Tigran was held for almost one month in this guest house before two sets of charges were brought against him and Binance and Tigran was moved to the infamous Kuje prison. According to the Nigerian EFCC prosecutor, Tigran is being charged because, “The 1st defendant (Binance) is operating virtually. The only thing we have to hold on to is this defendant.”
In addition to the charges from the EFCC, Gamabryan was initially facing tax evasion charges brought by the Nigerian Federal Inland Revenue Service (FIRS). These charges were dropped on June 14th, with the FIRS agreeing to pursue the charges against Binance through a locally-appointed representative.
The trial for the remaining charges began on May 17th, with Binance offering to appoint a local representative. Cross-examination of the witnesses has started, but the court went on recess until October. However, an application to hear the case during the recess was granted, and the next hearing is scheduled for September 2nd.
Despite repeated court orders, the Nigerian authorities have refused to release Gamabryan’s medical records to his legal team and the U.S. Embassy. In response, the judge presiding over the case issued a bench warrant for the arrest of the Nigerian prison doctor.
Gamabryan has reportedly missed several significant milestones while in detention, including his son’s 5th birthday, his own 40th birthday, and his upcoming 15th wedding anniversary.
His family continues to plead for his release, citing the severe toll his detention has taken on his health and the violation of his legal rights.
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