Optasia, the parent company of Nairtime, is back in the news. This time with a new argument. Having failed to comply with the FCCPC‘s lending regulations, having exhausted the goodwill of a regulator that gave it six months to get its house in order, and having obtained a court injunction that strained against a presidential directive, the company has reached into its toolkit for one more instrument: a fresh bid to use Nigeria’s judicial process as a commercial shield, this time to preserve its stranglehold over the airtime lending market and keep competitors permanently at bay.
Let us be precise about what is actually at stake. Optasia’s position in Nigeria’s airtime lending market is both a commercial advantage and a data monopoly. Every transaction that flows through its platform, both lending and repayments alike, generates financial behaviour data about the Nigerian consumer who made it. Over years of operation, that data has accumulated into one of the most comprehensive pictures of low-income financial behaviour in Africa’s largest economy. It is data that could, if properly shared, give millions of Nigerians formal credit scores. It could open the door to bank loans, mortgage eligibility, and genuine participation in the financial system for people who have never had access to it.
Optasia has not shared that data with Nigeria’s credit bureaus, despite being under a regulatory obligation to do so. The result is that the Nigerians who built that dataset cannot benefit from it. Their financial behaviour is valuable enough for Optasia to build a JSE-listed business on, but apparently not valuable enough to be returned to them in the form of a credit identity.
Courts exist to dispense justice, not to warehouse competitive advantages for companies unwilling to earn them on merit. Their purpose is not to enable a single foreign company to sit permanently astride a nation’s consumer credit infrastructure, simply by collecting data it will not share, or excluding competitors it cannot fairly outperform, and filing proceedings every time a regulator asks it to operate on equitable terms. When litigation becomes a substitute for compliance, something has gone wrong. When it succeeds, something worse follows.
The Nigerian government must be clear-eyed about the long-term consequence of allowing this to stand. The low-income Nigerian who borrows ₦200 of airtime today will, in five years, still have no credit score – not because their financial behaviour does not warrant one, but because the company holding their transaction history has decided that its market position matters more than their economic future.
Nigeria’s regulatory framework exists precisely to prevent this kind of outcome. The FCCPC’s data-sharing requirements are the mechanism by which the value that Nigerian consumers have generated is returned to the Nigerian financial system. No court proceeding, however cleverly filed, overrides a sovereign nation’s right to regulate its own financial data infrastructure in the public interest.
This should be simple enough to process and understand. A courtroom is not a market. Winning a motion is not the same as earning a market position. Nigeria should treat the two accordingly.
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