The Federal High Court in Abuja has reserved judgment until May 19, 2025, in a legal battle initiated by the Nigeria Inter-Bank Settlement System Plc (NIBSS) to affirm its exclusive authority over the Bank Verification Number (BVN) database.
Justice James Omotosho announced the date after hearing arguments on whether to allow the Incorporated Trustees of the Data Privacy Lawyers Association (OPLAN) to join the case as a defendant.
NIBSS, represented by Senior Advocate of Nigeria Ademola Oluwawolemi Esan, is seeking a court declaration affirming that its management of the BVN system is legal, falls under its mandate from the Central Bank of Nigeria (CBN), and does not violate Nigerians’ constitutional right to privacy. It also wants a perpetual injunction restraining the Digital Rights Lawyers Initiative (the first defendant), the CBN, and others from questioning its authority.
The organization accuses the Digital Rights Lawyers Initiative of filing multiple suits—directly or through proxies—to undermine and stall its operations.
OPLAN, through its lawyer Ayomide T. Ahmed, argued for inclusion in the suit, citing that its members—many of whom are bank customers—have a vested interest in the outcome, given the potential impact on data privacy.
However, the CBN’s counsel, Abdulfatai Oyedele, objected, stating OPLAN failed to include a proposed defense—a key legal requirement for joinder. He described the move as “an abuse of court process.”
NIBSS supported the objection, adding that OPLAN’s chairman is also a trustee and legal representative of the Digital Rights Lawyers Initiative. Esan accused the group of filing and withdrawing similar lawsuits nationwide to delay resolution. “These cases never get heard on their merit,” he said. “They use tactics like this to stall proceedings.”
Justice Omotosho assured all parties of a fair hearing and emphasized his awareness of procedural tactics meant to delay justice. He then adjourned the matter until May 19 for ruling on the joinder and potentially to continue hearing the main case.
The BVN, a biometric identifier assigned to all Nigerian bank customers, is a critical component of the country’s financial infrastructure. With recent CBN regulations requiring all accounts—including those with fintechs—to be linked to a BVN, the database has become central to Nigeria’s digital economy.
NIBSS seeks legal backing to shield its operations from future legal disputes and reinforce its role as the sole custodian of the BVN system.
