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JUDICIARY

BVN database Dispute: Court Delivers Judgment in NIBSS’ Suit Against CBN, others

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 The Federal High Court in Abuja on Monday, fixed July 4 for judgment in the suit filed by the Nigeria Inter-Bank Settlement System (NIBSS’) Plc against the Central Bank of Nigeria (CBN) and others.

NIBSS, in the suit, is seeking an order to prevent any institution from challenging its statutory authority to maintain and manage the Bank Verification Number (BVN) database in Nigeria.

Justice James Omotosho fixed the date after lawyer to NIBSS, Babatunde Ige, and CBN’s counsel, Kofo Abdulsalam-Alada, adopted their processes and presented their arguments for and against the suit.

NIBSS, through its lawyer, Ademolai Esan, SAN, had sued the Incorporated Trustees of Digital Rights Lawyers Initiative (ITDRLI), the CBN and the Attorney-General of the Federation (AGF) as 1st to 3rd defendants respectively.

NIBSS seeks a  declaration that it is statutorily empowered to maintain and manage the BVN database.

It said this is pursuant to the Central Bank Act 2007, the Banks and Other Financial Institutions Act 2020, and the Revised Regulatory Framework for the Bank Verification Number (BVN) Operations and Watchlist for the Nigerian Banking Industry 2021.

“Pursuant to the provisions of the framework, NIBSS, as a designated participant in BVN operations, is statutorily authorised to manage and maintain the BVN database and ensure its seamless operation, among other functions,” it added.

It, therefore, accused ITDRLI (1st defendant) of filing multiple suits, either directly or through proxies, challenging its authority to manage the BVN database and alleging that such management violates constitutional privacy rights.

However, ITDRLI denied the allegations in it court processes, asking the court to dismiss the suit.

NAN reports that Justice Omotosho had, on May 19, dismissed a motion for joinder filed by the Incorporated Trustees of Data Privacy Lawyers Association (DPLAN), describing it as “unmeritorious.”

When the matter was called on Monday, no lawyer appeared for ITDRLI and AGF.despite being served with hearing notices.

NIBSS counsel, Ige, in his argument, prayed the court to give judgment in favour of his client.

The CBN lead counsel, Abdulsalam-Alada, however, drew the court’s attention to his counter affidavit filed on Feb. 11.

In the application, the lawyer urged the court to hold that NIBSS’ management of the BVN database is statutorily authorised, constitutionally justified and essential for maintaining the stability and security of Nigeria’s financial system.

“The initiative does not infringe on the constitutional right to privacy but rather serves as a necessary tool for safeguarding public interest and enhancing financial security,” he said.

He said the power of the apex financial system regulator to issue directives on BVN development was derived from the provisions of the CBN Act of 2007 and the Banks and Other Financial Institutions Act of 2020.

Abdulsalam-Alada submitted that the CBN had the power under Section 47(2) of the CBN Act to develop payment and settlement systems in Nigeria.

“Pursuant to this, NIBSS was established alongside all the other banks in Nigeria,” he stated.

He further said that the CBN Act empowers the apex bank to promote a sound financial system in Nigeria.

“We urge your Lordship to note that the introduction of the BVN in Nigeria is for the promotion of a sound financial system.

“The security of the deposits of the average Nigerians or even non-Nigerians who bank with banks in Nigeria is very key,” he added.

The lawyer, therefore, urged the court to consider the importance of the BVN framework and its operationalisation by NIBSS in holding that the plaintiff had the power to maintain the BVN database in Nigeria.

After hearing from the lawyers, Justice Omotosho adjourned the matter until July 4 for judgment.

BVN is a unique number that allows individual accounts to be verified across the Nigerian banking industry.

Besides, It is issued to every bank customer at enrollment and is linked to all of the customer’s bank accounts in the country.(NAN)

JUDICIARY

Pastor Arraigned over Alleged Rape of Married Woman in Edo

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From Joseph Ebi Kanjo, Benin

A 38-year-old pastor, Simeon Okehielem of the Synagogue Prayers Ministry has been arraigned before an Edo State High Court for allegedly raping a married woman, Isoken Vivian Aigbedo.

The pastor, who was accused of engaging in sexual relationships with married women within his congregation, was docked before the court in Benin City, on Thursday last week.

The charges against Pastor Okehielem followed a year 2022 incident in Uholor Community of Benin City where the cleric allegedly drugged and raped the woman leading to the birth of a child.

Recent DNA results reportedly confirmed the pastor as the biological father of the child, which prompted the Nigerian Police to re-arrest and formally arraign him.

The presiding judge, Justice Erhabor, granted an ex-parte order to remand the suspect at the Benin Correctional Custodial Centre for 14 days, pending legal advice from the Director of Public Prosecution (DPP), Ministry of Justice, Edo State.

The State Prosecutor, P.O. Odion told the court that the alleged offence occurred in February 2022.

Okehielem was slammed with two-count charge on alleged rape and administering a stupefying substance with the intent to commit a felony.

The charge sheet, marked Suit No: BLOD/2323M/2025, reads: “That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, did rape one Mrs Isoken Vivian Aigbedo and thereby committed an offence contrary to Section 4, punishable under Section 5(1) of the Violence Against Persons (Prohibition) Law, 2021.

“That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, with intent to commit a felony, administered a substance to stupefy one Mrs Isoken Vivian Aigbedo, thereby committing an offence punishable under Section 256 of the Criminal Law of Edo State, 2022.”

Speaking to journalists after the court session, the victim’s legal counsel, Clinton Ogbebor, applauded the Police for its diligence.

“We are in court today over the alleged rape of my client, Mrs Isoken Aigbedo, by one Pastor Simeon Okehielem,” he said.

Ogbebor confirmed that the case file would now be forwarded to the office of the DPP for legal advice, after which the trial will proceed accordingly.

The development has stirred debates across Benin City, with residents and religious leaders expressing shock and calling for justice.

The case has been adjourned pending further legal advice from the Director of Public Prosecution.

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JUDICIARY

Court Bars Bello from Acting as Nasarawa APC Chairman

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A Senior District Court 3, Lafia, Nasarawa State, on Thursday restrained Mr Aliyu Bello, the embattled Chairman of All Progressives Congress (APC) in the state, from presenting himself as Chairman or a member of the party.This followed a motion filed by Suleiman Turaki, Counsel to Ibrahim Iliyasu, the Chairman of APC in Gayam Electoral Ward of Lafia Local Government Area of the state.

Report says that on July 1, Iliyasu, alongside 13 other officials of the party in the ward, suspended Bello from the party over alleged anti-party activities.
The order signed by Abdullahi Lanze, Senior District Judge of the court, stated that the prayer was granted after hearing the application presented by the applicant’s counsel.
The order specifically restrained Bello, his agents, privies, supporters or any person acting on his behalf, authority, or direction, from presenting himself as a member or Chairman of the party.The court also barred Bello from issuing statements, carrying out functions, or acting in any manner whatsoever, through the media or otherwise, as a member or Chairman of APC.This would be pending the hearing and determination of the motion on notice. (NAN).

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JUDICIARY

Unemployed Man Arraigned for Allegedly Impersonating Military Officer

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 A 30-year-old unemployed man, Sadiq Usman, on Thursday appeared before an Ikeja Magistrates’ Court for allegedly parading himself as a military officer.

Usman is facing a two-count charge of impersonation.

He, however, pleaded not guilty to the charge.

The prosecutor, Supol Josephine Ikhayere, told the court that the defendant committed the offences on May 24 at about 3.

30 p.
m. at Alaba Rago Market area of Ojo, Lagos State.

Ikhayere said that the defendant, who was unemployed, unlawfully had in his possession a Nigerian military camouflage uniform, cap, belt, and boots.

“He paraded himself as a member of the Nigerian Army and had in his possession two Nigerian Navy identity cards,” she said.

According to her, the defendant was arrested when he failed to give a satisfactory account of the items.

The prosecutor said that the offences contravened sections 77(a)(b) and 79(a)(b) of the Criminal Law of Lagos State, 2015.

Section 77 stipulates a three-year jail term for anyone found guilty of impersonating a member of the armed forces or the police.

Section 79 stipulates two years imprisonment for unlawfully wearing the uniform of the armed forces.

The Magistrate, Mr Lateef Owolabi, granted the defendant bail in the sum of N150,000 with two reliable sureties in like sum.

He ordered that the sureties must show evidence of tax payments to the Lagos State Government.

Owolabi adjourned the case until July 1 for mention. (NAN)

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