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Strengthening Nigeria’s Digital Money Lending Ecosystem

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Abstract

The article examines the proliferation of short-term, unsecured credit offered by digital money lenders (DMLs) in Nigeria, with a focus on abusive debt collection practices such as unauthorised disclosure of personal information, the use of threats and the defamation of borrowers, often disregarding existing financial consumer safeguards. To balance the growth of digital lending with recognised consumer safeguards, the study employs a doctrinal research approach to assess consumer protection mechanisms within Nigeria’s legal and institutional framework. The article proposes several recommendations, including promoting consumer awareness, expanding judicial and administrative channels of reporting and redress, improving and publishing regulatory activities, introducing fair digital lending rules, employing Enforcement Technology to facilitate monitoring and redress, fostering industry collaboration in data sharing, expanding the scope of formal entities providing credit, simplifying access to formal credit and strengthening credit reporting. These measures aim to establish a sustainable, inclusive and empowering digital lending environment for all stakeholders.

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References

Cases

  • Eboni Finance and Securities Ltd. v Wole-Ojo Technical Services Ltd. & 2 [1996] 7 NWR (Pt. 461 p. 1 464).

  • Obanye v Union Bank of Nigeria Plc. [2018] 17 NWLR (Pt. 1648 p. 375).

  • Sketch Publishing C Ltd. v Ajagbomkeferi [1989] 1 NWLR (Pt 100 p. 678).

  • Slazengers Ltd. v Gibbs and Co. [1916] 33 TLR 35.

  • Theaker v Robinson [1962] 1 ALL ER 299 CA.

Legislation

  • Banks and other Financial Institutions Act 2020.

  • CBN Consumer Protection Framework 2016.

  • CBN Consumer Protection Regulations 2019.

  • CBN Guide to Charges by Banks and other Financial and non-financial Institutions 2020

  • CBN Guidelines for the Licensing and Regulation of Payment Service Banks in Nigeria 2020.

  • CBN Guidelines on Global Standing Instruction (GSI) (Individuals) (2020).

  • CBN Know-Your Customer Guidelines 2013

  • CBN, (2020). Circular to All Banks; Re: Guidelines on Global Standing Instructions (GSI) FPR/DIR/PUB/CIR/001/039,

  • Central Bank of Kenya Digital Credit Providers Regulations 2022.

  • Central Bank of Nigeria Act 2007.

  • Credit Reporting Act 2017.

  • Criminal Code Act 1916.

  • Federal Competition and Consumer Protection Act 2018.

  • Money Lenders Law of Cross River State LFN 2024.

  • National Information and Technology Development Agency (NITDA) Act 2007.

  • Nigerian Data Protection Act 2023.

  • Secured Transaction in Moveable Assets Act 2017.

  • The Nigerian Constitution 1999.

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Acknowledgements

I wish to express my deep gratitude to Robin Simpson for reading through the manuscript and offering valuable insights. I also thank the journal reviewers for their detailed comments which were invaluable to enriching the work.

Funding

This research is a part of the publication output for the 2023 British Academy Visiting Fellowship grant VF2\101177 carried out at the University of Southampton Business School, Department of Decisions Analytics and Risks, United Kingdom. Funding from the British Academy is acknowledged.

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Correspondence to O. Monye.

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Monye, O. Strengthening Nigeria’s Digital Money Lending Ecosystem. J Consum Policy (2024). https://doi.org/10.1007/s10603-024-09569-8

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  • DOI: https://doi.org/10.1007/s10603-024-09569-8

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