Can I get a restraining order against a loan app?

Understanding Restraining Orders vs. Cease and Desist Letters

A restraining order (injunction) is a court order that legally prohibits someone from taking specific actions. A cease and desist letter is a formal demand but does not carry court authority. Violating a court injunction can result in contempt of court penalties.

Is a Restraining Order Available Against a Loan App?

Yes, in theory, obtaining an injunction against a loan app's harassing conduct is possible under Nigerian law. The court can grant orders restraining creditors from continuing actions that violate your legal rights.

However, there are practical challenges:

Recent Court Developments:

In April 2026, the Federal High Court in Lagos granted interim orders restraining the FCCPC from enforcing certain provisions of the DEON Consumer Lending Regulations against telecommunications service providers. This demonstrates that:

1. Courts are actively involved in regulating digital lending activities
2. Interim (temporary) injunctions are available to prevent ongoing harm
3. Courts can restrain both regulatory bodies and private entities

Process for Obtaining a Restraining Order

Step 1: Document the Harassment Thoroughly

Before any court will grant a restraining order, you need evidence:

• Call logs showing excessive contact frequency
• Screenshots of threatening or abusive messages
• Recordings of calls (check legality of one-party consent in your state)
• Evidence of contact with your employer, family members, or friends
• Proof of public shaming or privacy violations

Step 2: Consult a Lawyer

Restraining orders require legal expertise. A lawyer will:

• Assess whether your situation meets the threshold for injunctive relief
• Draft the necessary court papers (originating summons or motion)
• Determine the appropriate court (typically the High Court with jurisdiction over your area)

Step 3: File an Application for Injunction

Your lawyer will file an application seeking:

• Interim injunction (temporary, lasts until a hearing date)
• Interlocutory injunction (continues until the final determination of the case)
• Perpetual injunction (permanent, issued at the conclusion of the case)

Step 4: Demonstrate "Urgent Need"

Courts grant injunctions only when:

• There is a serious legal issue to be tried
• Damages (money compensation) would not be an adequate remedy
• The "balance of convenience" favors granting the injunction (the harm to you outweighs any harm to the lender)

When a Restraining Order May Be Necessary

You should consider pursuing a court injunction if:

• The harassment includes credible physical threats
• The loan app has filed false criminal charges against you
• The harassment continues after FCCPC intervention
• You have suffered demonstrable damages (job loss, health deterioration, business harm) from the harassment

Recommended First Steps

For most borrowers experiencing loan app harassment, this sequence is most effective:

1. Immediately block the numbers using Truecaller
2. Document everything - screenshots, call logs, messages
3. Send a cease and desist letter via registered mail
4. File a complaint with FCCPC at fccpc.gov.ng or contact@fccpc.gov.ng
5. Only if harassment continues after FCCPC action, consult a lawyer about injunctive relief

The FCCPC has demonstrated commitment to protecting consumers, stating that loan apps that harass customers will face sanctions including being blocked from app stores and having their bank accounts frozen. For most cases, regulatory intervention is faster and more cost-effective than court action.