Cybersecurity Levy Unconstitutional, Illegal – Agbakoba Tells Tinubu Govt

A former President of the Nigeria Bar Association (NBA), Olisa Agbakoba (SAN), has condemned the controversial cybersecurity levy imposed on Nigerians by the Central Bank of Nigeria (CBN).

Recall that the apex bank directed banks last week to implement a 0.5% (0.005) levy equivalent to half per cent of all electronic transactions and remit the levy to the ‘national cybersecurity fund.’

Naija News reports that the CBN relied on the Cybercrime Act 2015 [as amended]. The directive is to be implemented by Monday, May 20, 2024.

Speaking with TheCable on the issue over the weekend, Agbakoba described the federal government’s imposition of the levy as unconstitutional and not a good idea.

The former NBA President said the levy is unconstitutional to create a fund for which the national security adviser will be entitled to deploy when that is contrary to what the constitution prescribes.

He said: “It is not a good idea at all. I believe it is a good idea to have a cybersecurity act so that we can deal with cybercrime. However, it is not a good idea to create a fund for which the national security adviser will be entitled to deploy when that is contrary to what the constitution prescribes.

“So, I am going to court to challenge the imposition by the CBN on levies on the banks which will amount to the banks paying about N3 trillion a year.

“That is unconstitutional because what the constitution says is that everything concerning revenue, whether it is tax or non-tax revenue such as the levy in the cybersecurity act, must pass through the federation account for it to now be appropriated by the National Assembly.

“So, if the same National Assembly makes a law bypassing the appropriation process and putting money in the hands of an agency, that is unconstitutional.”