The Federal Excessive Court docket in Abuja has dismissed a request by a knowledge attorneys’ affiliation to be joined as a defendant within the swimsuit difficult the Nigeria Inter-Bank Settlement System Plc’s (NIBSS) restraining order over its administration of the Bank Verification Quantity (BVN) database.
Justice James Omotosho delivered the ruling on Monday after listening to from the authorized representatives of the joinder applicant, the Integrated Trustees of Information Privateness Attorneys Affiliation (DPLAN), in addition to NIBSS and the Central Bank of Nigeria (CBN) on April 14, 2025.
The swimsuit by NIBSS seeks a restraining order to stop any establishment from difficult its statutory authority to keep up and handle the BVN database.
In keeping with NIBSS’s originating processes seen by Nairametrics, NIBSS’s counsel, Ademola Oluwawolemi Esan, SAN, joined the Integrated Trustees of Digital Rights Attorneys Initiative, the CBN, and the Lawyer-Normal of the Federation as first to 3rd defendants.
Authorized Dispute
Esan is searching for a declaration that NIBSS is statutorily empowered to keep up and handle the BVN database pursuant to the Central Bank Act 2007, the Banks and Different Monetary Establishments Act 2020, and the Revised Regulatory Framework for the Bank Verification Quantity (BVN) Operations and Watchlist for the Nigerian Banking Business 2021.
“Pursuant to the provisions of the Framework, NIBSS, as a delegated participant in BVN operations, is statutorily licensed to handle and keep the BVN database and guarantee its seamless operation, amongst different capabilities,” he said.
- NIBSS accused the Digital Rights Attorneys Initiative of submitting a number of suits-either instantly or by means of proxies-challenging its authority to handle the BVN database and alleging that such administration violates constitutional privateness rights.
- Nonetheless, the Digital Rights Attorneys Initiative denied the allegations of their courtroom processes.
On the listening to in April, Ayomide T. Ahmed appeared on behalf of the Information Privateness Attorneys Affiliation, searching for to be joined as a defendant within the swimsuit.
- He argued that the end result of the case would affect the rights of his consumer and its members, particularly concerning the BVN, in gentle of the reduction sought to bar any establishment from difficult NIBSS’s authority.
DPLAN said that it’s an affiliation of consultants in privateness and knowledge safety, whose members are instantly affected by the subject material resulting from their aims and possession of bank accounts.
- Counsel for the CBN, Abdulfatai Oyedele, argued that any get together searching for to be joined should connect a proposed defence, highlighting that DPLAN failed to take action.
- Esan, counsel for NIBSS, alleged that the chairman of the get together searching for joinder can also be the counsel for the primary defendant and one in all its trustees.
“What they do is sue everywhere in the nation. The matter is rarely heard on its benefit. They withdraw, and when the case is lastly about to be heard, they carry an software to delay the listening to,” he claimed.
He urged the courtroom to not waste judicial time and to dismiss the joinder software.
Court docket’s Ruling
Ruling on the joinder request on Monday, Omotosho stated the only real situation to find out was whether or not the applying for joinder by DPLAN was “meritorious”.
- He highlighted that solely correct and mandatory events are permitted by regulation to affix a case.
“A mandatory get together is a celebration whose proper can be affected by the order of a courtroom,” he added.
- The decide stated that whereas it’s clear that the swimsuit by NIBSS seeks judicial pronouncement concerning its BVN administration, the problem will be decided by the courtroom within the absence of the joinder applicant (DPLAN).
- The decide additional held that the joinder applicant can not be part of the swimsuit to guard the private pursuits of its members, as this might suggest that each Nigerian is a possible defendant within the swimsuit.
- He harassed that the presence of the Attorney General of the Federation is ample to defend the BVN administration swimsuit on behalf of Nigerians.
“I miss out on how the curiosity of the applicant (DPLAN) can be jeopardized if it isn’t joined. This course of is pointless,” the decide dominated.
- Omotosho concluded that the applying for joinder has failed, as DPLAN’s movement for joinder had no foundation in regulation.
- The decide subsequently dismissed the movement.
The matter was then adjourned till Might 26 for the listening to of the substantive swimsuit by NIBSS.
What You Ought to Know
The moment case highlights NBISS’s authorized strikes geared toward clearing all authorized hurdles concerning its upkeep and administration of the BVN.
NBISS believes it has the statutory authority to handle the BVN however seeks the courtroom’s safety following various litigations in opposition to it in recent times.
The BVN in query is a novel quantity that enables particular person accounts to be verified throughout the Nigerian banking business.
This BVN is issued to each bank customer at enrollment and is linked to all the customer’s bank accounts in Nigeria.
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