FOLASHADE MOLEHIN v. UNITED BANK FOR AFRICA PLC

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Facts:

Sometimes in February 2023, the Applicant was employed to work remotely by Eraconnekt (“Applicant’s employer”), a subsidiary of Bashirat Are Consulting Firm (“BACF”), a multinational organization with its Head Office at Baltimore MB, United States of America. It was the agreement between the Applicant and her employer that the Applicant’s monthly salary valued at US$250 (Two Hundred and Fifty United States Dollars) will be paid in dollars through WorldRemit or any other digital cross border remittance and international money transfer platform, to the Applicant’s designated savings account domiciled with any commercial bank in Nigeria. Consequently, The Applicant submitted her savings account number 2070615852 domiciled with the Respondent to her employer for the purpose of payment of her monthly salary throughout the course of her employment.

On the 6th April 2023, the Applicant’s employer, paid the sum of $300 (Three Hundred United States Dollar) representing the Applicant’s prorated salary for the months of February and March into her savings account number 2070615852 domiciled with the Respondent through WorldRemit, a digital cross border remittance and international money transfer platform. Sequel to which a mail was sent to the Applicant by WorldRemit confirming that the sum of $300 has been successfully paid into the Applicant’s savings account number 2070615852 domiciled with the Respondent. Upon confirmation from the Applicant’s employer, that her salary has been transferred to her savings account and the receipt at the above mentioned mail from WorldRemit, the Applicant waited to receive confirmation from the Respondent that the said amount has indeed been lodged into her savings account to no avail. Only for the Applicant to receive, in the midst of her worries, a text message from the Respondent stating that a domiciliary account with account number 2300304402 has been created for her by the Respondent without her consent and the sum of $300 (Three Hundred United States Dollar) sent by the Applicant’s employer has been deposited into same.

The Applicant reached out to the Respondent by visiting the Ojodu branch of the Respondent and it was conformed to her that a new domiciliary account with account number 2300304402 had indeed been opened in her name and that the said sum of US$300 (Three Hundred United States Dollar was lodged into the said new account. The Applicant was neither informed by the Respondent that there was a need for a domiciliary account to be opened for her nor did the Respondent seek the Applicant’s consent in operating the said account. The Respondent also could not provide any reasonable explanation or justification for unilaterally opening a domiciliary account for the Applicant.

Despite the Applicant’s request to close the domiciliary account, the Respondent has failed and neglected to accede to the demands of the Applicant and the domiciliary account still remains active and operative. Flowing from the act of the Respondent, the Applicant instituted an action against the Respondent, claiming that her fundamental human rights to privacy as guaranteed by the Constitution of the Federal Republic of Nigeria (1999 as amended) has been grossly violated. It is also the Applicant’s contention that the act of the Respondent violates her right to data privacy as contained in the Nigeria Data Protection Regulation 2019 (NDPR) as issued by the National Information Technology Development Agency (NITDA) as well as the Central Bank of Nigeria Consumer Protection Regulation (“the Regulation”) as issued by the Consumer Protection Department of the Central Bank of Nigeria in a circular dated 20th December 2019.

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