*Says Individuals Not Required By Law To Pay 0.05% Levy; Central Bank Should Apologise To Nigerians
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Femi Falana, human rights lawyer and senior advocate of Nigeria (SAN), says Babajide Sanwo-Olu, governor of Lagos, should ensure that those deported to Osun from the state are brought back.
On Saturday, there were reports that the Lagos government deported some residents who are Osun indigenes.
In a post on X, Oluwaseyi Adeniyi, spokesperson of Ademola Adeleke, governor of Osun, confirmed that five luxurious buses were used to transport the people down to Osun state.
Subsequently, Adeleke directed an immediate investigation into the alleged deportation.
The governor said Babajide Sanwo-Olu, governor of Lagos, expressed shock over the development and promised to take urgent action when he raised the matter with him.
Reacting to the matter on Thursday, Falana confirmed that “317 Nigerian citizens of Osun state origin were rounded up in several parts of Lagos state and loaded into several luxury buses, which drove them to Osun state.”
He described the deportation as illegal, adding that since the Lagos government and police have denied involvement in the deportation, Sanwo-Olu should ensure that the deportees are brought back to the state.
“It is indisputable that the deportation of the so-called miscreants violated their fundamental right to freedom of movement, guaranteed by section 41 of the constitution,” Falana said.
“The illegal deportation also contravened article 12(5) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act which has prohibited mass expulsion that targets national, racial, ethnic or religious groups.
“Since the deportation of the 317 citizens was not authorised by the Lagos state government, governor Sanwo-Olu should ensure that they are brought back to Lagos state as soon as possible.
“The Osun state governor, Mr Ademola Adeleke, who has protested on behalf of the deportees, should contribute to their resettlement in Lagos state.
“Furthermore, the officials of the Lagos state government who carried out the illegal deportation of the 317 citizens should be brought to book to prevent them from further expelling other poor people from Lagos state.”
Falana also noted that the Cybercrime Act 2025 as amended listed businesses which are required to pay the levy as; a. GSM Service providers and all telecommunications companies; b. Internet Service Providers; c. Banks and other Financial Institutions; d. Insurance Companies; and the Nigerian Stock Exchange.
The renowned lawyer said, “Pursuant to the Cybercrime (Prohibition, Prevention etc) Act 2015 amended in 2024, a levy amounting to 0.5 per cent of the value of all electronic transactions shall be collected and remitted to the National Cybersecurity Fund overseen by the Office of the National Security Adviser.
“Even though the said levy of 00.0 5 per cent is payable by the businesses listed in the second schedule to the principal Act, the Central Bank of Nigeria has wrongly directed all financial institutions to apply the levy at the point of electronic transfer origination and that the amount is to be explicitly noted in customer accounts under the description “Cybersecurity Levy” and remitted by the financial institution.
“The circular issued by the Central Bank has given the very erroneous impression that the levy is payable by individual customers.
“The erroneous interpretation might have arisen from the substitution of “businesses” for “business” in the amendment. For the avoidance of doubt, by virtue of section 42(a) of the Cybercrime Act 2025 as amended, the businesses which are required to pay the levy are:
a. GSM Service providers and all telecommunications companies;
b. Internet Service Providers;
c. Banks and other Financial Institutions;
d. Insurance Companies;
e. Nigerian Stock Exchange.
“In view of the foregoing, the Central Bank of Nigeria should be directed to withdraw its Circular of 6th of May, 2024 forthwith as it has wrongly interpreted the provisions of the Cybercrime (Prohibition, Prevention, etc.) Amendment Act 2024. The CBN should also apologise to Nigerians for the misleading interpretation of the clear and unambiguous provisions of the Cybercrime (Prohibition, Prevention, etc.) Amendment Act 2024.”
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