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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)

CRIME

Court Convicts 9 Chinese Nationals for Cybercrime in Lagos

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 A Federal High Court in Lagos State, on Thursday, convicted and sentenced nine Chinese nationals to one year imprisonment each, for economic sabotage and financial terrorism.

The defendants, including two females, were also given a fine of one million naira each, by the court.

The defendants are: Xiang Hui, Hai Rong, Liu Gang, JI Geng, Li Dong, Huang Bo, Xhiong Zhen, Lai Feng and Deng Qiang

Recall that the Economic and Financial Crimes commission (EFCC), on Dec.

10, 2024, invaded a building at Oyin Jolayemi area of Lagos, where over 700 people were arrested over cyber terrorism and economic sabotage.

On Thursday, EFCC counsel, Mr Nnemeka Omenwa, informed the court that the nine Chinese nationals  had opted for plea bargain.

Defence counsel, Mr Folarin Damela, also confirmed the position, and urged the court to accept the plea bargain agreement.

Consequently, the charge was read to the defendants, and they all pleaded guilty.

The defendants also admitted that they freely consented and signed the plea bargain agreement.

Following their guilty pleas, EFCC counsel urged the court to convict and sentence them in accordance with the plea bargain agreement.

Defence did not object to submission.

Justice Daniel Osiagor consequenly convicted and sentenced the defendants in line with the plea bargain agreement.

The court held that the prison term would take effect  from the Dec. 10, 2024.

The court also ordered that the Nigeria Immigration Service should repatriate the convicts to their country of origin upon completion of the prison term.

Osiagor also ordered that all items found on the convicts, including furnitures and  laptops, should  be forfeited to the Federal Government of Nigeria.

According to EFCC, the convicts committed the offences on Dec. 10, 2024 within the court’s jurisidiction.

EFCC said that the convicts wilfully caused to be accessed, computer systems organised to destabilise and destroy the fundamental economic and social structure of Nigeria.

The commission added that the convicts employed Nigerian youths for identity theft and to hold themselves out as persons of foreign nationality, with the intent to gain financial advantages for themselves.

The offences contravene Sections 18 of the Cybercrimes (Prohibition, Prevention) Act of 2015 ass amended in 2024, and Section 2(3) (d) of the Terrorism (Prevention, Prohibition) Act, 2022. (NAN)

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JUDICIARY

 Federal High Court Mourns ex-Chief Judge

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The Federal High Court (FHC) on Thursday, extends condolences to the family, friends, and associates of its former Chief Judge, Justice Daniel Abutu.

The Chief Registrar of FHC, Sulaiman Hassan, in a statement in Abuja, said the court announced “with deep sorrow, the passing of”  Abutu.

“According to family sources, he died on Tuesday after a brief illness.

“He hails from Kogi  and was born on March 15, 1946.

“The Late Chief Judge served the court and the nation with distinction.

“He was known for his unwavering commitment to justice and administrative excellence.

“His leadership and contributions have left  indelible marks on the judiciary and the legal community at large.

“The Federal High Court extends her  heartfelt condolences to his family, colleagues, friends and all who were touched by his exemplary life and service.

“May his soul rest in perfect peace. Amen.

In honour of his exemplary service and enduring legacy, all divisions of the federal high court are hereby directed to display a portrait of the late chief judge in a dignified and visible area within the respective court premises.”

Hassan said the court has ordered the immediate opening of condolence registers at all its divisions to allow judges, staff, members of the bar, and the general public to pay their tributes and express sympathies to the late Abutu.

He added that further details regarding funeral arrangements would be communicated in due course.

NAN reports that Justice Abutu in one of his landmark judgments on Jan. 21, 2010, directed the Federal Executive Council to produce evidence that then President Umaru Yar’adua can continue to discharge his functions as president in the next 14 days or risk a definitive order of the court ordering the swearing-in of the vice.

Justice Abutu gave the ruling in the lawsuit filed by a member of the opposition, Farouk Aliyu asking to declare the sickly ‘president’ incapacitated and therefore swear in his deputy, Goodluck Jonathan.

The suit was filed by civil rights attorney, Bamidele Aturu.(NAN)

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CRIME

Court Remands 10 Over Alleged Armed Robbery, Murder

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An Iyaganku Magistrates’ Court, Ibadan, on Thursday, ordered the remand of 10 persons in a correctional facility over alleged armed robbery and murder.

The defendants include Sheriff Lawal, 27, Lawal Bashit, 23, Oyewale Sodiq, 30, Akeem Ogunyemi, 41, and Kazeem Afolayan, 40.

Others are Akeem Raji, 37, Olabode Hammed, 25, Yusuf Lekan, 26, Ayomide John, 23 and Samuel Okezie, 32.

They are facing a six-count charge bordering on conspiracy, armed robbery and murder.

The Magistrate, Mrs Gladys Oladele, did not take the plea of the defendants for want of jurisdiction.

She directed the police to return the case file to the Director of Public Prosecution for legal advice.

She adjourned the case until July 21 for mention.

The Prosecutor, Sgt. Samuel Owolabi, told the court that the defendants committed the offences on May 15, at about 9.30 p.m, at Oak Hotel, around Moniya, Ibadan.

Owolabi said the defendants robbed one Shuaibu Adam of the sum of N100, 000, while armed with sticks and cutlasses.

He said the defendants also unlawfully caused the death of one Abdul Isah, 23, by beating him with sticks and inflicted injury all over Adam’s body.

He said the offences contravened Sections 516 and 319 of the Criminal Laws of Oyo State, 2000. (NAN)

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