“Court Dismisses Suit Against CBN Over Social Media Data Collection”


On Wednesday, May 15, 2024, Honorable Justice Nnamdi Dimgba of the Federal High Court, Lagos, dismissed a suit brought by Chris Eke against the Central Bank of Nigeria (CBN), challenging section 6(a)(iv) of the CBN’s Customer Due Diligence Regulation 2023 for allegedly violating his constitutional right to privacy.


Chris Eke, represented by Counsel Olubunmi Abayomi-Olukunle Esq., had filed Suit No. FHC/L/CS/1281/2023 in July 2023, arguing that the CBN’s requirement for banks to request customers’ social media handles infringed upon constitutional rights, particularly section 37 of the 1999 Constitution.


In response, the CBN, represented by lead Counsel Prof Fabian Ajogwu, SAN, of Kenna Partners, with O.M Atoyebi, SAN, challenged the court’s jurisdiction and argued that the regulation was issued in accordance with the CBN Act 2007. The CBN’s legal team asserted that the social media handles requested were publicly available and therefore not private.


Honorable Justice Dimgba sided with the CBN’s arguments, ruling that the suit lacked merit as the applicant failed to demonstrate that he held a bank account subject to the regulation. The court concluded that section 6(a)(iv) of the Regulation did not contravene section 37 of the 1999 Constitution and subsequently dismissed the suit.

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