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Data Privacy: NGO Sues CBN Over Directive to Banks on Customers’ Data

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On the heels of the Central Bank’s directive to commercial banks to share customers’ data with fintech companies, the Digital Rights Lawyers Initiative has approached the Federal High Court challenging the directive as a violation of bank customers data privacy.

In Suit No. FHC/AB/CS/76/2020 between the Digital Rights Lawyers Initiative and the Central Bank of Nigeria, filed by the law firm of Olumide Babalola LP, the Plaintiff seeks the following reliefs:

1. A DECLARATION that by virtue of article 1.1(a) of the Nigeria Data Protection Regulation (NDPR) 2019, data protection is included under right to privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
2. A DECLARATION that the Respondent’s directive to commercial banks to share their customers’ data with financial technology companies violated and/or is likely to violate Olasunkanmi Bello’s right to privacy as guaranteed under article 1.1(a) of the Nigeria Data Protection Regulation 2019 and section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

3. A DECLARATION that the Respondent’s directive to commercial banks to share their customers’ data with financial technology companies is unconstitutional, null and void.
4. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondent and anyone acting through its directive from compelling commercial banks to share the Applicant’s data with financial technology companies.

It would be recalled that, during First Bank’s Virtual Fintech Summit on the 6th day of August 2020, CBN’s Director for Payment System Management, Musa Jimoh, informed the participants that the apex bank had directed commercial banks to share customers’ data with fintech companies.

The announcement led to the filing of this case which is yet to be assigned to any judge in the division.

CAC MOVES THE CHEEZE: LAWYERS MUST MOVE AND NOT SULK

In the famous 1998 motivational business fable, Who Moved My Cheeze?, the concept of the inevitability of change was beautifully presented. We learnt of change at work and in life generally, and reactions to it. When change occurs, people tend to react differently. Some will either move with the times while others will remain stagnant, grieving over the event leading to the change. There are others, too, who are always prepared for change while there those who refuse to prepare as evidence of their acute resistance to change. When change occurs, there are those who see it as a dream. This group never accepts the reality of change.

In times past, the whole idea and system of company registration and registration of business names and incorporated trustees were known to lawyers alone, given their legal training to better interpret statutory provisions and processes. But recent developments are changing the narrative, gradually.

CAC

The Corporate Affairs Commission (CAC) is an agency of the Federal Government charged with the authority to oversee corporate matters as provided under the Companies and Allied Matters Act (CAMA).

As part of its numerous functions, the CAC oversees the registration of companies, business names and incorporated trustees and have been interfacing with lawyers who assist members of the public with these registration processes for many years.

For lawyers, this is one aspect of legal practice and in fact, a branch of their business as lawyers. By statutory enablement (as provided under CAMA), a lawyer is required to execute a form known as Statutory Declaration of Compliance. This form is part of the incorporation documents needed in company registration only but not business names. By the Declaration, a legal practitioner simply confirms that there has been due compliance with the provisions of CAMA in making the application for company incorporation. The significance of this compliance requirement is better understood when one considers the jurisprudence surrounding the concept of company formation. By law, a company is an artificial person enjoying all the incidents of incorporation such as the capacity to sue and be sued, capacity to own properties in its own name, perpetual succession (meaning it can exist forever even if there is change in membership), etc. The process of statutory creation called a company (by way of incorporation) has a web of interconnected issues including the contents of a Memorandum of Association (which spells out the objectives of the company, subscribers and other details), Articles of Association (which contains essentially, the contract between the subscribers and the contract between the subscribers and the company itself), the shareholding structure of the company, etc. More so, there are legal issues relating to directorship of a company. Thus, a lawyer who is vast in all these issues is in a better position to vouch for compliance, hence the provision for Statutory Declaration of Compliance to be signed by a lawyer.

The relevance of lawyers in company incorporation, registration of business names and incorporated trustees is appreciated in view of the complexities involved especially in the case of companies. But given the approach by CAC to use standard forms and templates for most of these incorporation documents, the Commission tends to de-emphasize the relevance of legal practitioners in the process of incorporation. Furthermore, due to the Federal Government’s policy of gearing towards ease of doing business, the need arose to simplify the processes of business/company registrations (at least as a starting point) while also working to remove other obstacles including administrative bottlenecks on the way. By upholding the ease of doing business policy, the Government wishes to encourage many unregistered businesses to come on board to enjoy the statutory benefits of registration and also submit to the yoke of taxes as loyal and responsible business outfits. Part of the initiative gave birth to CAC’s current online platform where registrations and other incorporation matters take place.

While the ease of doing business campaign is on, the CAC appears to see lawyers as the most unneeded “elements” in company incorporation and especially, registration of business names. The Commission expressly attempts to demarket lawyers in the move to encourage the public to come forward. The mischief in the express demarketing of lawyers is that CAC can actually carry on with its mandate to ease up the process of registrations and be more efficient without necessarily seeing lawyers as the problem. Even if the process becomes as easy as ABC, there are many who would rather instruct lawyers to get it done. Currently, there are reports that CAC is moving for amendment of CAMA to do away with the need for Statutory Declaration of Compliance by a legal practitioner. This is aside the alleged system by the Commission of dealing with the Statutory Declaration internally by lawyers engaged by the Commission for that purpose, in less than transparent manner.

These developments in addition to the not-too-cordial relationship currently existing between lawyers and the Commission are evidences of the fact that CAC has moved and is moving the Cheeze.

What should lawyers do?

Lawyers may move through their association, the Nigerian Bar Association (NBA), to stop the proposed amendment that seeks to do away with the Statutory Declaration of Compliance by a legal practitioner in company registration. CAC must be made to stop demarketing lawyers and simply focus on their mandate to ease up registration processes and be more efficient. Is it not displeasing to note that in this era of Covid-19, the CAC that ought to show leadership by ensuring that their online service was in top form failed to rise up to the occasion.

More importantly, lawyers, especially young lawyers who benefit from the basic practice of business registration, incorporation of companies and incorporated trustees should build more capacity in post incorporation affairs such as filing of statutory notices, returns – annual returns and returns of certain significant changes in business (like shareholding structure, company officials, etc), increase and decrease in share capital, winding up, mergers and acquisition and a host of other complex transactions. These are matters that lawyers are best equipped to tackle and the CAC understands this too. Thus, only accredited lawyers can be allowed to deal with them.

Instead of sulking over registration matters, lawyers should brace up and move with the Cheeze. The Cheeze will keep moving.

“Doctor, do I abort this pregnancy or leave it? Or, do I tell my celebrating husband it is not his seed, but that of one of six rapists

By Adesida Adewumi MD

I beseech you, dear readers, let me know your wise counsel to this puzzling situation, after reading.

Mrs Tolu ( not the real name) in tears of confusion was asking me the two questions above and also gave me her permission to ask all the readers of this story. She would like to know their opinion on the way forward. Let me tell you what happened to Mrs Tolu and leave you to give your own advice on the two questions she was asking.

Mrs Tolu and the husband got married six years ago. For the period, they had no child. They had been to various hospitals and saw various gynecologists, no solution yet. All they were told after various tests was they were both okay and should keep trying.

I met them three years ago with three years of infertility. They told me their ordeal. They brought to me all their tests results . Everything was truly okay. Their case was a case of what we called UNEXPLAINED INFERTILITY.

Medically in case of infertility between couples, 20- 30% of times the husband may be responsible for the infertility and 20- 35% of times also the wife may be responsible. In 25 – 40% of times two of them may have issues, but there is the 10 to 20 % of times where none of the couple is responsible. Both are okay. The baby is not just coming. This is what we call unexplained infertility.

This was the case of Mrs Tolu and her husband. What is the solution to this type of infertility? The couple can do things that will improve their conception chance. A good lifestyle like no drinking of alcohol or smoking if one of or both the couple do drink or smoke . They can use ovulation drugs like clomiphene. Depending on how long the wait has been, they can even go for all these assisted fertility procedures like IVF.

I educated them on this three years ago and counselled them to consider one of such options but Mrs Tolu and her husband refused, insisting they trusted God to come throughfor them. They would not allow medical doctors to take the glory that belonged to God. After so much persuasion with no response from them, I smiled and rested my case.

The second time they came to see me was two years ago, no child still. But that day one event happened in my consulting room that made me to probe further on the marital problem Mrs Tolu was going through. She told me her husband didn’t trust her. I wondered why. She said when they were in courtship, she made a mistake and had an affair with another man which she kept to herself and confessed to him after the wedding ceremony.

Since that day he had been bitter against her in the marriage. So many times she would be ovulating but her husband would refuse to meet with her. She had begged to no avail. Could this betrayal of trust and retaliatory unforgiveness explain the unexplained infertility in their marriage? Another life lesson I picked up in this marriage.

This had been the fragile nature of trust in this marriage despite the fact that they were now “good Christians”.

To fast forward the story,the couple did come to see me from time to time but something happened to Mrs Tolu few weeks ago on her way to a 2-weeks conference in another state. She travelled alone by a night bus . Eight of them in a bus. Six of them were women and two were men. Unknown to her, the two men in the bus were working with kidnappers. When they got to the middle of nowhere where the road passed through a thick forest, they were attacked by gun men after some suspicious calls received by the two men in the bus with them.

They were ordered down and taken deeper into the forest. They collected all their belongings. The men were six in number. She equally discovered that when they got to their destination in the forest, those two passengers were no longer with them. The kidnappers took time to rape them over and again. They collected her ATM and withdrew all her money. They demanded and collected N3million from the husband.

They spent three days in the bush before they were released. She was closer to the venue of the of the conference. So she just proceeded to the conference venue and explained what had happened to her to the organisers but she kept the part that she was raped because she did not want her husband to know. Her husband came to meet her at the conference centre.
She was taken to hospital but she also refused to tell the doctor at the hospital she was raped. Her husband took her back home.

Two weeks after this event she discovered she was vomiting and having nausea. The husband was excited may be what they were waiting for was finally here. Pregnancy test was done. It came back POSITIVE. The husband was overjoyed and it was celebration galore. She too pretended to be very happy but within her she knew what happened. Much more confusion now was that a day before the conference she ‘met’ with her husband before her ovulation the following day. The following day on the very day of the ovulation, she was then gang-raped by six armed kidnappers.

So she came to see me alone in the hospital after all the excitement of the husband at home had died down. She told me everything and the whole truth about the gang rape.

So this was when the two questions arose. ” Doctor do I abort this pregnancy or keep it? Do I tell my husband what actually happened or not?”.

Seriously, I am a Christian medical doctor and would not support abortion and I would equally not support a couple keeping secrets in marriage. That was my stand, but what were the issues at stake here now? Firstly, there was rape which put paternity of the child at stake. Secondly, there was husband who was not aware of the rape.Thirdly, there was issue of the lack of trust on ground already affecting the marriage. Fourthly, here also was the bundle of joy they had been waiting for years.

May be this time around this would just end the marriage. The husband you told nobody touched you two weeks ago, now you want to tell him six men actually raped you and this was after discovering you were pregnant. These issues call for caution and wisdom to handle and this is the reason why you are reading this write up this morning. What do you think Mrs Tolu should do? Tell me your answers to her question, she will read it in comments section or it will be forwarded to her. So this is the dilemma we are still now waiting for way forward….

Meanwhile I learnt so many lessons from Mrs Tolu’s life encounters and these were the lessons I personally learnt from this true life story:

Lesson number 1:
When you are in a relationship or courtship to be married, be faithful to one another so that your marriage is not built on wrong foundation.

Lesson number 2:
Learn to tell your husband or wife-to-be, any secret they need to know before your wedding so the other party does not feel trapped after marrying you, leading to unforgiveness and bitterness from the partner.

Lesson number 3:
I don’t know how easy this lesson number 3 is, but please try and find a place in your heart to forgive your spouse after knowing some secrets they confessed to you after the wedding, or else the unforgiveness and bitterness will render the marriage sour, difficult and turbulent for the rest of both of your lives.

Lesson number 4:
Don’t ever repeat the mistake of keeping another secret in the marriage after first forgiveness. The spouse may forgive the first one, he or she may not have the strength to forgive the second one.

Lesson number 5:
Truth always sets you free and gives you peace of mind. If Mrs Tolu had told her husband all what happened on her way to conference the two weeks ago, may be the two questions above may not have arisen.

Lesson number 6:
My heart goes out to couples out there who are battling infertility for years, but please, by doing IVF or following the advice of your doctor to get pregnant does not mean the doctor is taking the place or glory of God. God and doctor may be partners in progress to help you get your heart’s desire; doctors may be God-sent to help you reproduce.

Lesson number 7:
Please, as much as possible, avoid taking night buses now given the present security situation in this country. This is to avoid agony stories like this from bandits, insurgents or kidnappers. I pray God heal our nation and give it everlasting peace. Amen.

Meanwhile, Mrs Tolu awaits all of you responses. Thank you.

(You can equally add other lessons you have personally learnt from the story)

▪︎ Dr. Adewumi works in the Department of Family Medicine, Aminu Kano Teaching Hospital, AKTH, Kano, Nigeria. Follow him
on Facebook at “FROM INSIDE MY CONSULTING ROOM “; his health page on YOUTUBE and INSTAGRAM @doctorhealtheducation; on Twitter @doctorhealthed1; and on WhatsApp at: +2348068649694. He gives daily education on health plus free daily consultation.

BREAKING: SHARIA COURT SENTENCES MAN TO DEATH OVER ‘BLASPHEMOUS’ WHATSAPP POST

An Upper Shari’a Court sitting in Kano on Monday, sentenced a 30-year-old man, Yahaya Sharif-Aminu, to death by hanging after his conviction for blasphemy.

Aminu was found guilty for an audio post made on WhatsApp in February.

The convict , who resides at Sharifai Quarters of Kano Municipal, was dragged before the court by the police on a count charge of inciting religious creed contrary to section 382 (6) of Kano State Sharia Panel Code Law 2000.

The trial Judge, Khadi Muhammad Ali-Kani, said the offence was against the Islamic Law.

Ali-Kani, thereafter, sentenced the convict to death by hanging under section 382 (b) of Kano State State Sharia Panel Code Law 2000.

The Prosecution Counsel, Insp. Aminu Yar-Goje, had earlier told the court that the convict committed the offence on Feb. 28.

Yar-Goje alleged that on the same date at about 8:00 p.m. and 11:50 p.m, the convict with the intention to hurt the feelings of Muslims faithful, made a blasphemous post via a WhatsApp group platform named: “Gidan Umma Abiha”.

“The convict made blasphemous and degrading audio remarks against Prophet Muhammad (PBUH),” he said.

In his submission before the court, Sharif-Aminu pleaded guilty to the charge.

The court had also sentenced a 17-year-old man, Umar Faruk, to 10-years imprisonment for alleged derogatory remarks on Allah, during a debate on March 4.

The convict, Faruk voluntarily pleaded guilty to the charge.

The trial Judge, Khadi Muhammad Ali-Kani, said the offence contravened Islamic Law, and sentenced the convict to 10-years imprisonment under section 382 (b) of Kano State Panel Code Law 2000.

The court also granted 30-day grace to appeal the judgment.

Northern Governors Condemn Attacks In Southern Kaduna

Chairman of the Forum, Gov. Simon Lalong of Plateau via a statement issued by his Director of Press and Public Affairs, Dr Makut Macham, described the attack as unfortunate.

He expressed concern that the yet to be arrested gunmen, attacked four Atyap villages in Zangon Kataf Local Government Area of Kaduna State.

Lalong expressed worry that the attacks on the villages were persistent in spite all efforts by the Kaduna State Government and security agencies to end the violence.

He said the attacks in the villages showed the desperate attempt by criminal elements to not only cause pain and sorrow among innocent citizens, but also frustrate the efforts of the Kaduna State Government at fostering peace and harmony.

“We are deeply saddened by this cycle of violence and blood-letting that is carried out against unarmed and helpless people. This is reprehensible and regrettable.

” While we call on the security agencies to rise up to the occasion and apprehend these criminals, we also encourage the citizens to assist with relevant intelligence that will lead to the arrest of these blood thirsty people,” he said.

He said any group or individual aggrieved should seek redress through official channels than resorting to actions which lead to crisis and instability.

The chairman commiserated with the victims of the crisis and the Government of Kaduna State, while promising to support Gov. Nasir el-rufai in working with all stakeholders to bring the incessant crises to an end.

(NAN)

Twitter disables Trump campaign tweet for violating copyright

Twitter Inc disabled a campaign-style video that President Donald Trump retweeted on Saturday, citing a copyright complaint.

The video, which included music from the group Linkin Park, disappeared from the president’s Twitter feed late Saturday with the notification: “This media has been disabled in response to a report by the copyright owner.”

Twitter removed the video, which Trump had retweeted from White House social media director Dan Scavino.

The social media platform acted after it received a Digital Millennium Copyright Act notice from Machine Shop Entertainment, according to a notice posted on the Lumen Database which collects requests for removal of online materials.

Machine Shop is a management company owned by the rock band Linkin Park, according to its LinkedIn page.

“We respond to valid copyright complaints sent to us by a copyright owner or their authorized representatives,” a Twitter representative said in an email statement.

The White House did not immediately respond to a request for comment.

Twitter began challenging Trump’s tweets in May and has repeatedly clashed with him since.

The social media company has several times disabled or commented on tweets by the president because of what it said were copyright complaints or violations of a policy against threatening violence.

Twitter removed an image the president tweeted on June 30, which included a picture of Trump, because of a complaint from the New York Times, whose photographer had shot the image.

The company also put a tweet from the president behind a warning label in late May, saying that he had violated its rules against “glorifying violence” when he advocated that Minneapolis authorities be tough in responding to protests over the death of George Floyd.

IG Adamu threatens Sahara Reporters with N10bn damages suit

The Inspector-General (I-G) of Police, Mohammed Adamu, on Thursday, threatened to sue Sahara Reporters and its publisher, Mr Omoyele Sowore, over a publication considered to be defamatory if a retraction was not published within seven days.

Adamu denied the said report in a letter signed by his Lawyer, Dr Alex Izinyon, SAN, which was sent to the U.S. address of Sahara Reporters and a copy made available to journalists in Abuja.

The online platform had, on Aug. 3, published a report in which the I-G was alleged to have involved in a multi-billion naira fraudulent scheme by illegally raising funds to build Police Training School in Nasarawa State.

The police boss, therefore, demanded from Sahara Reporters “a written and unequivocal retraction with an apology carried with the same prominence” on its platform and three national dailies.

He also threatened that “a formal criminal complaint to relevant agencies” could be filed “without further correspondence” if his demands were not acceded to within the seven days’ period.

The letter reads in part: “Our client hasten to inform you that these defamatory words in your said publications are farrago of lies, concoctions all calculated by you to bring our client to the lowest contempt as they are a product of you and your online publication to achieve your premeditated blackmail, dubious and diabolical ends.

“We would not waste our energy here but reserve it at the appropriate.”

He stated that the words used in the report “are untrue, fallacious,” noting that Sahara Reporters did seek the his response “to get a balanced and robust view to the runs of the mills.”

More troubles for Magu as lawyer accuses his boys of N75m extortion

More troubles appear to be rolling in for the suspended Acting Chairman of the Economic and Financial Crimes Commission, (EFCC), Mr Ibrahim Magu, following a petition on alleged extortion and criminal intimidation by Magu’s Boy.

In a fresh petition by an Abuja based lawyer, Mr Johnmary Jideobi, Magu and his boys were alleged to have unlawfully frozen accounts of a company, Damjay Integrated Services Limited with Access Bank in 2018, without any court order.

The petition is said to have been forwarded by the Office of the Attorney General of the Federation to the Justice Ayo Salami led panel investigating the recovery of assets by the EFCC under Magu. 

The petitioner, among others claimed that following the refusal of the bank to unfreeze the account, Magu and EFCC were sued at the High Court of the Federal Capital Territory (FCT) where Justice O. C. Agbaza on November 21, 2018 declared Magu’s action as unlawful, illegal and ordered him to immediately unfreeze the bank account.

In the petition signed by the legal practitioner on behalf of the company and addressed to the Attorney General of the Federation, Magu was alleged to have bluntly refused to comply with the order of the court despite not appealing against the judgment. 

Insisting that the EFCC has no power under any Nigerian law to freeze any bank account without an order of court, Jideobi claimed that Magu while as acting chairman acted with impunity and trampled on the rule of law. 

At the peak of the alleged unlawful act, the lawyer claimed that a group of officers operating in the name, “Magu boys” instead of obeying the court order acted as intermediaries to the company and allegedly demanded N75 million from the account as a condition for lifting the illegal restriction.

The petitioner further revealed that the said “Magu boys”, sent three different bank accounts namely Cikin Gida Nigeria Limited with account number: 1771773211, at Polaris Bank; Black and Black Global Concept Limited with account number: 0259011841 with Gtbank and Amina Kigbu with account number: 2176716071 with Zenith Bank for the payment of the alleged bribe.

The petitioner further claimed that the alleged Magu boys gave directives that the said N75 million bribe be paid in three tranches of N25 million into the three accounts. 

However, following the refusal of the sponsor of the company to dance to the tune, a phantom criminal charge was on June 19, 2020, filed against the company’s sponsor and pending in court. 

“It is the aggregation of these ordeals consisting of abuse of investigative powers, extortion, unlawful seizure of a citizens property and flagrant disobedience to order of the court that impelled our client to instruct that the instant petition be tabled before you now that Mr President is desirous of sweeping the EFCC clean and restoring sanity”.

The petitioner, therefore, demanded that the AGF immediately lift the unlawful restriction on the account in compliance with the court order, and order an immediate withdrawal of the alleged phantom charge instituted against the petitioner because it was predicated on malice and vendetta than justice.

The petition dated July 28, 2020 was received in the AGF’s office on July 29, 2020 and copied the Justice Ayo Salami led panel investigating the recovery of assets by the EFCC under Magu, along with the High Court judgment.

PRNigeria

Nigerian govt sends new directive to banks, schools as Buhari extends lockdown by four weeks

The federal government has asked banks to open all their branches.

Dr. Sani Aliyu, the National Coordinator of the Presidential Task Force (PTF) on COVID-19, stated this during Thursday’s media briefing.

During the press conference, it was also announced that President Muhammadu Buhari has extended the eased lockdown by another four weeks.

“We have said banks can fully resume. They no longer have to select the branches to open,” Aliyu said.

Police Intercept 40-Foot Cocaine Laden Container in Lagos

The police in Apapa Area Command of Lagos State have intercepted a 40-foot container laden with drugs suspected to be Tramadol and codeine, Channels TV reports.

The container was intercepted on water and taken to a bonded terminal in Apapa.

A team of officers from Customs and the National Drug Law Enforcement Agency (NDLEA) joined the Area B Commander, Olasoji Akinbayo, on Thursday for inspection.

The Area B Commander has recently intercepted similar imports and has transferred the case and two suspects to government prosecutors.

The latest intercepted container is expected to also be handed over to appropriate authorities for further investigation and prosecution.

On Tuesday, the National Security Adviser, Babagana Monguno, hinted that drug trafficking was one of the factors fueling insecurity across the country.

Drug addiction and trafficking were one of the major issues the Federal Executive Council, chaired by President Muhammadu Buhari, discussed at its last meeting, according to Monguno.

According to him,  Nigeria has moved from a transit hub to a drug production centre.

He noted that 17 meth labs were recently shut down in the country and called for a wholesome national approach to stopping the drug menace.