How Moniepoint’s cybercrime referral turned unhappy customers into defendants — and exposed a dangerous gap in Nigeria’s financial consumer rights landscape.
It started with a frustrated customer posting online criticism of Moniepoint. What happened next has sparked a major debate about consumer rights and digital freedom in Nigeria’s fintech sector.
Two individuals now face charges in a Nigerian court under the Cybercrimes (Prohibition, Prevention, Etc.) Act. The process began when Moniepoint, one of Nigeria’s leading fintech institutions, observed and reported what it described as “unusual activities” to law enforcement. Following the bank’s referral, the police conducted an investigation, gathered evidence, and subsequently brought formal charges against the individuals.
“We did not arrest, detain or request the arrest of anyone for criticising our services.” — Moniepoint Spokesperson.
On Wednesday in Lagos, Moniepoint’s Public and Media Relations Manager, Bemigho Awala, clarified that the bank did not arrest anyone, but rather reported findings to authorities.
The Anatomy of a Referral
Nigeria’s Cybercrimes Act was designed to tackle hacking, identity theft, and fraud. Yet Section 24 — which criminalises messages deemed “grossly offensive” or “menacing” — has increasingly been used in disputes involving online speech.
When Moniepoint referred the alleged “unusual activities” to law enforcement, the matter was handed over to the authorities. The police then opened an investigation based on the referral, reviewed the available evidence, and decided to press charges. Critics argue this sequence of referral, investigation, and prosecution highlights how existing law can escalate customer complaints into criminal cases.
The Chilling Effect
Legal experts and civil society groups state that such prosecutions may discourage customers from providing feedback. Even without a conviction, the arrests and court appearances could deter others from sharing constructive criticism.
This outcome is described by scholars as a “chilling effect,” where the potential cost of speaking out leads to silence.
Feedback vs. Prosecution
Moniepoint has highlighted its Net Promoter Score surveys as evidence of its commitment to customer feedback. Yet observers note the tension between encouraging feedback through surveys and referring online criticism to law enforcement.
The Bigger Picture
The Cybercrimes Act is a legislative issue as much as a corporate one. Reforming Section 24 to prevent its use against consumer complaints is a matter for lawmakers, regulators, and civil society.
Moniepoint’s referral demonstrates how institutions can use existing laws to highlight consumer protection issues. For many Nigerians using fintech platforms, the case emphasises the need for clarity regarding customer rights and criminal liability.
