Nigerian lawyer S.O. Folagboye has addressed widespread fears among loan app users that unpaid debts could lead to a travel ban. In a video shared on social media, he clarified that loan apps cannot unilaterally prevent debtors from leaving the country.
Constitutional Right to Freedom of Movement
Folagboye explained that the Nigerian Constitution protects citizens' right to move freely and exit the country. He cited Section 41(1) of the 1999 Constitution, which states that every citizen is entitled to move freely throughout Nigeria and cannot be refused entry or exit except as permitted by law.
The lawyer emphasized that debt recovery is a civil matter, not a criminal one. He noted that loan apps cannot direct the Nigeria Immigration Service to block a debtor from travelling without a court order or other lawful basis.
Legal Precedents Against Harassment
Folagboye referenced the case of McLaren vs. Jennings, where the Court of Appeal ruled that debt recovery should not involve harassment or criminal intimidation. He stressed that unless a court order exists, owing a loan app does not automatically revoke one's constitutional right to travel.
He urged debt collectors to follow legal procedures rather than resorting to illegal threats or harassment. The lawyer's message aimed to reassure citizens planning to relocate or travel abroad for work, education, or other purposes.
Public Reactions
The video garnered positive reactions from netizens. A user named Loansharkreview thanked the lawyer, while MAYOR WORLDWIDE said, "You're giving us joy and rest of mind." CHIEF OWOIYA also expressed gratitude for the enlightenment.
This clarification comes amid growing concerns about aggressive debt collection tactics by loan apps. In a related report, lawyer Chinenye Ruth argued that loan apps contacting a debtor's mother over a N15,000 debt constitutes a crime, not a reminder.
