BVN Management: Court dismisses ‘Data Lawyers’ request to join NIBSS suit 

Justice James Omotosho delivered the ruling on Monday after hearing from the legal representatives of the joinder applicant, the Incorporated Trustees of Data Privacy Lawyers Association (DPLAN), as well as NIBSS and the Central Bank of Nigeria (CBN) on April 14, 2025.

The suit by NIBSS seeks a restraining order to prevent any institution from challenging its statutory authority to maintain and manage the BVN database.

According to NIBSS’s originating processes seen by Naijaonpoint, NIBSS’s counsel, Ademola Oluwawolemi Esan, SAN, joined the Incorporated Trustees of Digital Rights Lawyers Initiative, the CBN, and the Attorney-General of the Federation as first to third defendants.

Esan is seeking a declaration that NIBSS is statutorily empowered to maintain and manage the BVN database 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 authorized to manage and maintain the BVN database and ensure its seamless operation, among other functions,” he stated.

At the hearing in April, Ayomide T. Ahmed appeared on behalf of the Data Privacy Lawyers Association, seeking to be joined as a defendant in the suit.

DPLAN stated that it is an association of experts in privacy and data protection, whose members are directly affected by the subject matter due to their objectives and ownership of bank accounts.

“What they do is sue all over the country. The matter is never heard on its merit. They withdraw, and when the case is finally about to be heard, they bring an application to delay the hearing,” he claimed.

He urged the court not to waste judicial time and to dismiss the joinder application.

Ruling on the joinder request on Monday, Omotosho said the sole issue to determine was whether the application for joinder by DPLAN was “meritorious”. 

“A necessary party is a party whose right will be affected by the order of a court,” he added.

“I fail to see how the interest of the applicant (DPLAN) will be jeopardized if it is not joined. This process is unnecessary,” the judge ruled.

The matter was then adjourned until May 26 for the hearing of the substantive suit by NIBSS.

The instant case highlights NBISS’s legal moves aimed at clearing all legal hurdles regarding its maintenance and management of the BVN.

NBISS believes it has the statutory authority to manage the BVN but seeks the court’s protection following a number of litigations against it in recent years.

NBISS believes it has the statutory authority to manage the BVN but seeks the court’s protection following a number of litigations against it in recent years.

The BVN in question is a unique number that allows individual accounts to be verified across the Nigerian banking industry.

This BVN is issued to every bank customer at enrollment and is linked to all of the customer’s bank accounts in Nigeria.