In an exclusive, leaked court document, James Otudor, citizen of Calabar, Nigeria, is fighting for Nigerian’s fundamental rights to own, use and trade in Bitcoin, USDT, and cryptocurrencies. James, is a passionate, Nigerian politician who recently contested for the position of Member, State House of Assembly, Odukpani State Constituency, Cross River State. Despite facing significant irregularities, he finished third in the election.
Mr. Otudor’s case is against the following entities:
1) The President, Federal Republic of Nigeria
2) Minister of Finance, Federal Republic of Nigeria
3) Attorney General of the Federation
4) Central Bank of Nigeria
5) Securities and Exchange Commission
6) Economic and Financial Crime Commission
7) The Nigerian Police Force
8) National Information Technology Development Agency
9) Nigerian Communication Commission
Mr. Otudor refers to the case of AG Kaduna State V. Omoru Hassan (1985). He claims that the fundamental right of a citizen has been breached or is likely to be breached, per Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999. Furthermore, he purports that Nigerians who wish to acquire or already own, use, and trade Bitcoin, USDT and other digital assets are highly victimized and their fundamental humans rights are being infringed upon.
He factually states to the Federal Republic of Nigeria Lord, “My Lord, Bitcoin and USDT are justified all over the world as a store of value to protect holders from inflation, amongst other use cases. Also as a very valuable asset of which its holders can use as a medium of exchange globally.” He points out that, “Section 43 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides thus; Every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria.”
Mr. Otudor continues by pointing out, “It is our submission that the rights to acquire Bitcoin and other digital assets have been severely infringed on, as the Federal Republic of Nigeria and its agencies have forced telecom companies to prevent and restrict innocent Nigerian citizens from acquiring, holding and getting access.”
He references Article 14 of the African Charter on Human and People Rights, provides thus; “The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.”
Mr. Otudor claims, “the continued victimization of innocent Nigerians who own, use and operate the cryptocurrencies is an infringement on their fundamental human rights and this violation of their Human Rights extend to digital assets as well. Bitcoin and other cryptocurrencies for a plethora of its holders, is a store of value and saving for Nigerians from the stiff rise in inflation and present Naira devaluation, just as people also invest in real estate, precious stones and metals, like Gold. Due to the shortage of foreign exchange in the dollar, a lot of Nigerians turned to cryptocurrency for international transactions through USDT and USDC. Bitcoin, USDT, etc. will be beneficial in helping to grow Nigeria’s economy because it has the power to improve financial inclusion and transparency in Nigeria.
Mr. Otudor is represented by Maurice Oru Ebam esq, a young human rights lawyer, and bolsters his case by stating, “the rights of Bitcoin, USDT and other digital asset users and holders need to be protected and guaranteed. His representative requests the following:
1) An immediate reversal of the block on all crypto exchange online platforms, granting, unfettered access to every Nigerian.
2) A provision for regulation of Bitcoin and other Cryptocurrency asset’s integration into the Nigerian Financial ecosystem if the Federal Government wants to be a regulator, recognizing the different asset categories. Hence, regulating Bitcoin as a commodity.
This case between Mr. Otudor and the Federal Republic of Nigeria will be the first of many cases requesting the fundamental right for Nigerians to buy, hold and send Bitcoin. Bitcoin is a peaceful protest for freedom!
Follow James on X at: @dgr8otudor
