Court Reserves Ruling In NIBSS Case Over Exclusive BVN Database Authority On Data Privacy

Justice James Omotosho fixed the ruling date after hearing arguments on a joinder application brought by the Incorporated Trustees of the Data Privacy Lawyers Association (also known as OPLAN), which seeks to be added as a defendant in the suit.

NIBSS, represented by Senior Advocate of Nigeria, Ademola Oluwawolemi Esan, initiated the suit to secure judicial backing for its exclusive authority to manage and maintain the BVN database, as provided under the Central Bank of Nigeria Act, Banks and Other Financial Institutions Act (BOFIA) 2020, and the Revised BVN Regulatory Framework (2021).

In the originating summons, NIBSS is asking the court to declare its management of the BVN database lawful and not in violation of Nigerians’ constitutional right to privacy. It also seeks a perpetual injunction restraining the Digital Rights Lawyers Initiative (1st defendant), the Central Bank of Nigeria (CBN), and any other party from questioning its authority over the BVN system.

NIBSS accuses the Digital Rights Lawyers Initiative of repeatedly filing lawsuits—directly or through proxies—challenging its role, allegedly to stall proceedings and frustrate its operations.

At the resumed hearing, Ayomide T. Ahmed, counsel for the Data Privacy Lawyers Association (OPLAN), applied for the association to be joined in the suit, arguing that its members’ rights could be impacted by the court’s eventual decision.

OPLAN described itself as a group of privacy and data protection experts, noting that many of its members are bank customers and would be directly affected by any legal ruling on BVN management.

However, the CBN’s counsel, Abdulfatai Oyedele, opposed the application, stating that OPLAN failed to attach a proposed defence to its joinder request—a requirement under law. He described the application as “overreaching” and an “abuse of court process.”

NIBSS’s counsel, Esan, aligned with the CBN’s position and alleged that the OPLAN chairman is also a trustee and legal representative of the Digital Rights Lawyers Initiative. He accused the group of filing and withdrawing similar suits across the country to delay justice.

“These cases are never heard on the merit,” Esan told the court. “When hearing is set, they file applications like this one to delay proceedings.”

Justice Omotosho, in response, said he was aware of how to handle frivolous or time-wasting applications and assured parties of a fair process. He then adjourned the matter to May 19, 2025, for ruling on the joinder application and possibly continuation of the substantive suit.

The BVN is a unique biometric identifier issued to all bank customers in Nigeria. It is linked to every account held by a customer across Nigerian financial institutions, allowing centralized verification and fraud protection.

Recent Central Bank directives now require all financial accounts—including those with fintechs—to be linked to a BVN, increasing the relevance of the database to Nigeria’s digital economy.

NIBSS, the operator of the database, is seeking judicial confirmation of its exclusive mandate to manage the system in order to prevent further legal challenges that could disrupt its operations.