Volume 1 , Issue 2 , PP: 31-38, 2023 | Cite this article as | XML | Html | PDF | Full Length Article
Emmanuel Utebor 1 * , Omidoyin 2 , Taiye Joshua 3
A healthy financial services sector remains critical for the sustenance of social and economic development of any nation, as it guarantees easy access to finance for developmental purposes. One of such ways of accessing finance is through lending from financial institutions, which are mainly the conventional banks, but the tide is now changing owing to the disruptive effect of Covid-19 pandemic. There became the need to leverage on innovative technology in the Nigerian financial sector to rapidly move from the analog-based financial services to a technologically driven financial sector where services are rendered faster, easier and more accessible to the overall benefit of customers, investors, businesspersons and other stakeholders. The advent of Covid-19 pandemic and the subsequent lock downs during the period further exposed the vulnerability of the Nigerian financial sector, as access to funding became a challenge to most investors and businesses. To address this unforeseen challenge, the ingenuity of technological innovations was further deployed giving rise to digital lending services (popularly known as loan apps), which hitherto were nonexistent in Nigeria prior to the emergence of Covid-19. Digital lending entails the method of applying, processing, and granting loans with the aid of digital channels where lenders place reliance on personal data of customers accessed online or provided by such customers, to make credit decisions, for the benefit of a customer. As digital lending service is no doubt laudable, it came with associated fresh challenges, which included violation of customer’s privacy rights and data protection. The focus of this paper, therefore, is to examine the concept and practice of digital lending in Nigeria, its legal framework and the challenges of customers data protection and privacy rights in Nigeria. The researchers will adopt the doctrinal legal research method wherein reliance will be placed on primary and secondary sources, and based on the findings, certain recommendations would be made.
Financial Sector , Covid-19 , Digital Lending , Data Protection , Privacy Rights
[1] A. M. Matwyshyn, “Material vulnerabilities: Data privacy, corporate information security, and securities regulation,” Berkeley Business Law Journal, vol. 3, pp. 129–167, 2005.
[2] CollegeVest Student Loans, “Student loan information,” 2022. [Online]. Available: www.collegevestudentloans.com. Accessed: Oct. 9, 2022.
[3] Banks and Other Financial Institutions Act, Laws of the Federation of Nigeria, 2004.
[4] Money Lenders Law, Cap M7, Laws of Lagos State of Nigeria.
[5] Central Bank of Nigeria, “Official website,” 2022. [Online]. Available: www.cbn.gov.ng. Accessed: Oct. 25, 2022.
[6] Best Grade Entre-Pot Ltd v. Ecobank Nigeria Ltd Plc., LPELR-58282(CA), 2022.
[7] Al Jazeera, “Nigeria announces lockdown of major cities,” 2020. [Online]. Available: www.aljazeera.com/economy. Accessed: Oct. 26, 2022.
[8] Credit Reporting Act, Laws of the Federation of Nigeria, 2017.
[9] National Information Technology Development Agency, “Official website,” 2022. [Online]. Available: www.nitda.gov.ng. Accessed: Oct. 27, 2022.
[10] Constitution of the Federal Republic of Nigeria, 1999 (as amended).
[11] Constitution of the Federal Republic of Nigeria, 1979.
[12] Constitution of the Federal Republic of Nigeria, 1963.
[13] Federal Republic of Nigeria v. Daniel, LPELR-4152(CA), 2011.
[14] Nwali v. Ebonyi State Independent Electoral Commission, LPELR-23682(CA), 2014.
[15] National Information Technology Development Agency Act, Laws of the Federation of Nigeria, 2007.
[16] Nigeria Data Protection Regulation, 2019.
[17] Companies and Allied Matters Act, Laws of the Federation of Nigeria, 2020.
[18] Child Rights Act, Laws of the Federation of Nigeria, 2003.
[19] Federal Competition and Consumer Protection Act, Laws of the Federation of Nigeria, 2018.
[20] Vanguard Newspapers, “Nigeria news and reports,” 2022. [Online]. Available: www.vanguardngr.com. Accessed: Apr. 2, 2022.
[21] A. Odusote, “Data misuse, data theft and data protection in Nigeria: A call for a more robust and effective legislation,” Beijing Law Review, vol. 12, pp. 1–15, 2021.
[22] O. A. Adegbite and M. E. Owolabi, “Data protection and privacy in Nigeria: The legal and institutional framework,” Griffith Journal of Law & Human Dignity, vol. 9, no. 1, pp. 1–22, 2021.
[23] I. A. Ajayi, “FinTech, digital lending and consumer protection in Nigeria,” Journal of African Law, vol. 66, no. 2, pp. 247–266, 2022.
[24] E. Utebor and T. J. Omidoyin, “Digital finance and data privacy regulation in Nigeria,” Journal of Sustainable Development and Green Technology, vol. 1, no. 2, pp. 31–38, 2023, doi: 10.54216/JSDGT.010204.
[25] Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd., A.C. 847, 1914.
