Bonny Amadi with Agency Reports
Nigeria’s Federal High Court in Abuja on Monday fixed 26 May to hear a 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.
A BVN is a unique number that allows individual accounts to be verified across the Nigerian banking industry.
Also, it is issued to every bank customer at enrolment and is linked to all of the customer’s bank accounts in the country.
Meanwhile, Judge James Omotosho fixed the date after dismissing an application for joinder filed by Data Privacy Lawyers Association (DPLAN).
NIBSS, through its lawyer, Ademolai Esan, a Senior Advocate of Nigeria (SAN), had sued the Digital Rights Lawyers Initiative (ITDRLI), the CBN and the Attorney General of the Federation (AGF), seeking the court’s declaration that it is the body statutorily empowered to maintain and manage the BVN database.
The BVN is an identification number which holds an individual’s bank account details. The number is also connected to an individual’s National Identification Number (NIN).
Both the BVN and the NIN are key identity numbers that hold sensitive biometric imprints virtually all-important personal information of millions of Nigerians.
With the diverse uses of digital platforms for daily routines such as banking and accessing the internet as well as well registration for various government and many private bodies’ services, including acquiring a passport or a SIM card, it is increasingly difficult to live in Nigeria without NIN.
No one can legitimately operate a bank account in Nigerian without BVN, and by extension NIN. You cannot also use a mobile phone without having NIN.
The dispute over the control and management of the BVN rais- es data privacy and surveillance concerns.
It its efforts to gain sole control and management of Nigeria’s BVN database, NIBSS said its demand 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 its court processes, asking the court to dismiss the suit.
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