Friday, April 19, 2024

CBN cashless policy in Southern Nigeria discriminatory: Court

An Awka Division of the Federal High Court has
ruled that the cashless policy of the Central Bank in southern states is discriminatory.

• September 29, 2021
CBN Governor, Godwin Emefiele. [CREDIT: Bloomberg]
Godwin Emefiele [CREDIT: Bloomberg]

A lawyer resident in Anambra,  Chijioke Ifediora, had filed a suit seeking to declare CBN’s cashless policy as biased as it is in contravention to Section 42 of the 1999 constitution of Nigeria (as amended).

The Nigerian Lawyer reports that the presiding judge, N.O. Dimgba, described the policy as unreasonable, saying CBN should provide justification for such policy as provided by the Nigerian law.

“This aspect of the policy imposing financial levies on lodgements/deposits, in my view, appears unreasonable. And it makes no difference if same was applied throughout the federation or limited to only the residents of a few states,” Mr Dimgba said.

“This nation, as all civilised nations of the modern era, is governed by the rule of law. The rule of law demands that government institutions, such as the defendant in this suit, should provide rational justifications for policy choices they have made and not to act arbitrarily,” he added.

Mr Ifediora told the court that in January 2020, he entered a bank to deposit N600,000 but was informed by a staff that he had to pay a charge of three per cent of the said amount.

“On enquiry, I was shown a Central Bank circular which was pasted across the cash machine PSM/DIR/CON/CWO/02/014 published on September 17, 2019, mandating the bank to charge three per cent for lodgement above N500,000,” Mr Ifediora said.

CBN argued that Mr Ifediora had no legal authority to institute an action on behalf of citizens and corporate institutions in the  five states where the policy exists.

Justice Dimgba continued “Assuming that the cashless policy is beneficial to the nation for its financial stability and growth, and inevitably demands the imposition of financial levies on banking customers as an incident of its operationalisation, why will residents in some named states suffer this disability while those in other states do not?

“I believe the claims in these depositions are sufficient to donate the plaintiff not only with a locus standi, but also a reasonableness on the case which he has brought before the court?” he added.

The states operating CBN’s cashless policy included Abuja, Abia, Kano, Lagos, Anambra, Rivers and Ogun state.

In a CBN circular dated September 17, banks were directed to charge three per cent processing fee for withdrawal on individual transactions above N500,000 and five per cent charges on corporate transactions above N3 million.

This charges applies to the aforementioned  states in addition to already existing charges which takes effect from March 31, 2020.

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Islamic State terrorists

Africa

ECOWAS allocates $25 million to fight terrorism in Nigeria, Mali, others

“Out of a fund of $25 million intended for the fight against terrorism in Nigeria, Burkina, Mali and Niger, ECOWAS has reserved $4 million for humanitarian actions,

Measles vaccination

States

Kwara targets 1.5 million children for polio vaccination

The executive secretary also added that the Wild poliovirus type 2 was eradicated in 1999, and Wild poliovirus type 3 was eradicated in 2020.

World

Turkish president urges Western countries to respond to Israel’s killings of Palestinians

The Turkish president said an immediate and lasting ceasefire must be achieved as soon as possible in the conflict between Israel and the Palestinians.

U.S Secretary of States Antony Blinken

World

Blinken backs Israel’s security, says tensions must be defused

Mr Blinken did not confirm an alleged attack by Israel on Iran overnight and said only that the U.S. was not involved in any offensive operations.

Court

States

Police arraign 37-year-old man over illegal possession of pistol

Mr Ibrahim alleged that the defendant unlawfully possessed the pistol, which he could not give a satisfactory account of.

West Bank settlers

World

EU sanctions Israeli settlers over violence in West Bank

Those subject to sanctions would no longer be allowed to enter the EU or do business with EU citizens.