Tag: blockchain

Regulatory Guidelines for Blockchain Technology Start-Ups in Nigeria.

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Introduction

Blockchain and distributed ledger technology (DLT) are transforming Nigeria’s digital economy, offering innovative solutions across finance, supply chain, and governance. As adoption grows, so does the need for a robust regulatory framework to ensure compliance, investor protection, and market stability. The Securities and Exchange Commission (SEC) and the Central Bank of Nigeria (CBN) have introduced regulations to guide Virtual Asset Service Providers (VASPs), Digital Investment Service Providers (DISP) and businesses leveraging blockchain. This article outlines Nigeria’s regulatory requirements, focusing on SEC’s 2024 Amended Digital Asset Rules, the Investment and Securities Act 2025 (ISA 2025), and CBN’s compliance rubrics, providing actionable guidance for businesses.

Understanding Nigeria’s Blockchain Regulatory Framework

Nigeria’s regulatory approach balances innovation with oversight. The SEC classifies most digital assets—stablecoins, utility tokens, and asset-referenced tokens—as securities unless proven otherwise, requiring registration for entities issuing, trading, or managing these assets targeting Nigerian investors. The CBN, while historically cautious about cryptocurrencies, has shifted to permit regulated VASPs to operate bank accounts under specific conditions, reflecting a pragmatic embrace of blockchain’s potential.

The National Blockchain Policy, approved in May 2023, underscores Nigeria’s commitment to blockchain adoption, though it lacks legislative force. It serves as a guide for businesses, emphasizing innovation and economic growth. The introduction of the eNaira, a central bank digital currency (CBDC), and Nigerium, a blockchain that is entirely owned and controlled by Nigeria, further highlights Nigeria’s blockchain integration, regulated by the CBN and NITDA respectively.

Key Regulatory Bodies and Their Roles

  1. Securities and Exchange Commission (SEC): Oversees digital assets as securities under the ISA 2025, regulating VASPs, exchanges, and custodians. The SEC’s 2024 Amended Digital Asset Rules provide a comprehensive framework for compliance.
  2. Central Bank of Nigeria (CBN): Regulates financial institutions and VASPs’ banking operations, enforcing anti-money laundering (AML) and know-your-customer (KYC) requirements.
  3. National Information Technology Development Agency (NITDA): Supports blockchain adoption through initiatives like the National Blockchain Adoption Strategy and data protection regulations.

SEC Regulatory Requirements for VASPs

The SEC’s 2024 Amended Digital Asset Rules and ISA 2025 outline specific obligations for VASPs, categorized by their activities:

(a) Licensing Categories:

(i)Digital Asset Offering Platform (DAOP): Facilitates token or coin offerings.

(ii) Digital Asset Exchange (DAX): Operates trading markets, including Over the Counter (OTC) and brokerage models.

(iii) Digital Asset Custodian (DAC): Provides safekeeping and asset management.

(iv) Digital Asset Intermediary (DAI): Offers brokerage, advisory, or trustee services

(v) Operators may hold multiple licenses if they meet each category’s requirements.

(vi) Accelerated Regulatory Incubation Program (ARIP): A 12-month program allowing startups to test models under SEC supervision before full registration, ideal for refining innovative services.

(b). Corporate Governance

(i) Minimum of five directors, including one independent non-executive, a non-executive chairman, an executive with fintech expertise, and 60% Nigerian citizens.

(ii) CEO tenure capped at 10 years.

(iii)Mandatory board committees: Nomination, Governance, Audit, Remuneration, and Risk.

(c) Financial Requirements: DAXs and DACs require a minimum paid-up capital of ₦1 billion, with varying thresholds for other VASPs.

(d) Advertising Compliance:

(i) Advertisements must be SEC-approved, clear, and non-misleading.Prohibited claims include “double your money” or “secure your future.”

(ii) Unverified influencers are banned, and compliance with Advertising Regulatory Council of Nigeria (ARCON) guidelines is mandatory.

(e) Privacy Coins Ban: To combat money laundering and exit the FATF Grey List, Nigeria prohibits privacy coins that obscure transaction details or user identities.

(f) Foreign VASPs: Foreign operators not targeting Nigerians may qualify for a “reverse solicitation” exemption. However, active marketing (e.g., local ads, influencers, or events) triggers registration requirements. VASPs licensed in International Organization of Securities Commissions (IOSCO), West African Securities Regulators Association (WASRA), or reciprocal jurisdictions may apply for conditional exemptions if they meet Nigerian standards.

CBN Regulatory Compliance Requirements

The CBN’s regulatory framework, while not blockchain-specific, imposes critical compliance obligations on businesses using blockchain/DLT, particularly VASPs. Key requirements include:

a.  Guidelines on Operations of Bank Accounts for VASPs (December 2023): VASPs registered with the SEC can open bank accounts with CBN-regulated institutions, provided they obtain SEC license. However, CBN-regulated entities are prohibited from dealing in cryptocurrencies or facilitating payments for unregistered VASPs. Accounts of non-compliant entities must be identified and closed by banking and financial institutions.

b. Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) Regulations (2019): VASPs must implement robust AML/CFT policies, including transaction monitoring and suspicious activity reporting, to prevent financial crimes.

c. Three-Tier KYC Requirements (2013): Businesses must verify customer identities through tiered KYC processes, ensuring traceability of blockchain transactions. This addresses anonymity concerns, requiring platforms to link user addresses to real identities.

d. Risk-Based Cybersecurity Framework (2019): VASPs must adopt cybersecurity measures, including governance, risk management, and resilience assessments, to protect digital assets and customer data.

e. Consumer Protection Framework: VASPs must safeguard consumer data and implement measures to prevent unauthorized disclosures, aligning with the Nigerian Cybercrime (Amendment) Act 2024.

These requirements ensure VASPs operate transparently and securely within Nigeria’s financial system, complementing SEC regulations.

Other Relevant Laws and Regulations

a. The NDPA-GAID 2025 provides detailed guidance under the Nigeria Data Protection Act 2023, setting data governance standards for all entities processing Nigerians’ personal data, locally or abroad. Blockchain businesses must carry out Data Privacy Impact Assessments, appoint certified Data Protection Officers, and file annual compliance audits if classified as major data controllers or processors. They must ensure transparency, implement privacy-by-design, uphold user rights, and obtain explicit consent for cookies and tracking on their platforms

b. Companies and Allied Matters Act (CAMA) 2020: Governs corporate registration and operations for all businesses, including fintechs.

c. Federal Competition and Consumer Protection Act (2018): Protects consumers from unfair practices, applicable to digital asset services.

d. Cybercrime (Amendment) Act 2024 mandates stricter compliance for electronic platforms handling user information, and enhancing enforcement against cyber fraud. Importantly for Virtual Asset Service Providers (VASPs), and blockchain-based services within the scope of its cybersecurity and data governance obligations mandates traceability of all transactions, log maintenance and cooperation with investigative authorities. The Act also introduces higher penalties for non-compliance with know-your-customer (KYC) obligations, aligning with Nigeria’s broader anti-money laundering (AML) strategy.

Practical Guidance for Businesses

1.Assess Your Business Model: Determine if your services fall under DAOP, DAX, DAC, or DAI categories and apply for the appropriate SEC licenses. Use ARIP for pilot projects.

2. Secure CBN Compliance: Register with the SEC to access banking services and implement AML/CFT, KYC, and cybersecurity measures to meet CBN standards.

3.Establish Governance: Appoint a compliant board with Nigerian representation and establish required committees to ensure transparency.

4.Mind Marketing Practices: Obtain SEC and ARCON approval for ads, avoiding misleading claims or unverified influencers.

5.Avoid Privacy Coins: Ensure your platform does not support privacy coins to comply with Nigeria’s anti-money laundering efforts.

6. Prepare Financially: Meet the ₦1 billion capital requirement for DAXs/DACs and budget for registration fees and compliance costs.

7.Foreign Operators: If the intention is to target foreigners, maintain a passive presence to avoid SEC registration. If marketing locally, secure a license.

8.Engage Experts: Consult legal expert on fintech matters to navigate SEC and CBN requirements, ensuring compliance with local laws.

Conclusion

Nigeria’s blockchain regulatory framework, led by the SEC’s 2024 Amended Digital Asset Rules, ISA 2025, and CBN’s compliance requirements, provides a clear path for businesses to thrive while ensuring investor protection and market integrity. By securing SEC licenses, adhering to CBN’s AML/CFT and KYC mandates, and aligning with data protection laws, blockchain businesses can build trust and sustainability. Early engagement with regulators through programs like ARIP and robust governance will position entrepreneurs to lead in Nigeria’s dynamic digital economy.

Written by Adeola Osifeko LLB, LLM, ACIS, ABR. Principal Partner at AEO Law Practice. Contact adeola@aeolawpractice.com

The Role of Blockchain in Africa: Understanding the Technology and Its Impact.

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What is Blockchain?

Blockchain is a secure, decentralized database that allows all participants in a network to access real-time, tamper-proof information simultaneously. This transparency and reliability are especially valuable in Africa, where trust in centralized systems is often undermined by inefficiencies, bureaucracy, or corruption. In this context, blockchain presents a powerful tool for building confidence in data and transactions.

Its potential becomes even more significant under the African Continental Free Trade Area (AfCFTA),which brings together 54 nations to form the world’s largest free trade zone. As AfCFTA works to boost intra-African trade and integration, blockchain can help overcome key obstacles by streamlining cross-border transactions, lowering costs, and fostering trust among trading partners.

How does blockchain work?

Blockchain is a type of distributed ledger technology (DLT) that records transactions across multiple computers, or nodes, in a network. Unlike traditional databases controlled by a single entity, blockchain distributes the power to update the ledger among participants. This ensures no single party can alter the data without consensus, making it highly secure.

In Africa, consider a smallholder farmer in Kenya using a blockchain-based platform like AgriLedger. When the farmer sells maize to a cooperative, the transaction is recorded in a secure, encrypted “block” and distributed across participants within the network. Each block is encrypted with a unique, unchangeable hash and linked to the previous block, forming a chain. This chain is shared across the network, allowing buyers, cooperatives, and regulators to verify the transaction’s authenticity. Nodes, such as local cooperatives or tech hubs, are rewarded with digital tokens for validating these transactions.

The blockchain’s cryptographic security requires two keys: a public key (like an account number) and a private key (a secure password). For instance, a cocoa farmer using the Agriledger platform would use their public key to receive payments on the blockchain, while the private key would be used to authorize transactions. This ensures that only the rightful owner of the private key can access and control the funds.

What is proof of work and how is it different from proof of stake?

Blockchain networks use consensus mechanisms to validate transactions. In Africa, public blockchains like Bitcoin or Ethereum use either proof-of-work or proof-of-stake to achieve this.

In a proof-of-work system, nodes (or miners) compete to solve complex cryptographic puzzles to validate transactions. First to solve the puzzle earns tokens. For instance, in Nigeria, where crypto adoption is high, early Bitcoin miners used proof-of-work to earn rewards, though the energy-intensive process has raised concerns about unreliable electricity.

In contrast, proof-of-stake selects validators based on the amount and duration of cryptocurrency they hold. In Ethiopia, a blockchain platform for coffee exports could use proof-of-stake, where traders with more staked coffee-backed tokens have a higher chance of validating transactions, earning rewards without heavy energy use. This shift, as seen in Ethereum’s 2022 “Merge,” is more sustainable for Africa’s energy-constrained environments.

How can businesses benefit from blockchain?

Blockchain and DLT offer African businesses opportunities to reduce risks, lower costs, and enhance transparency. Here are key benefits with local examples:

  • Reduced risk and lower compliance costs: In South Africa, banks spend millions annually on “know your customer” (KYC) processes. A blockchain-based KYC system, like that piloted by Standard Bank, could require only one verification per customer, shared across institutions. This cuts costs and improves customer onboarding for rural clients accessing microfinance.
  • Traceable & Sustainable Transactions: African businesses engaged in cross-border trade often encounter significant delays due to paperwork and inefficient processes. However, digital innovations are beginning to change this landscape. A notable example is a Rwandan coffee exporter who decides to leverage the blockchain-based platform Bext360, which utilises blockchain, IoT, and AI, guaranting end-to-end traceability of the exporter’s coffee shipments—from farms in Rwanda to markets in Europe, ensuring transparency, ethical sourcing, and sustainability throughout the supply chain.
  • Automated and secure contract fulfillment: Smart contracts—self-executing agreements coded on a blockchain—can automate processes. A Nigerian solar energy company like Switch Electric integrates smart contracts on a blockchain to manage pay-as-you-go solar systems. When a customer pays via mobile money, the contract automatically activates their solar panel, reducing manual oversight and ensuring reliable energy access.

How are blockchain, cryptocurrency, and decentralized finance connected?

Blockchain underpins cryptocurrencies like Bitcoin and Ethereum, enabling secure, intermediary-free transactions. In Africa, where 60% of the population is unbanked, cryptocurrencies offer an alternative to traditional banking. For example, in Nigeria, platforms like Binance allow traders to buy and sell crypto using local currencies, bypassing slow bank transfers.

Decentralized finance (DeFi) takes this further by replacing financial intermediaries with smart contract-based services. In Kenya, a DeFi platform like Aave could enable peer-to-peer lending, where a boda boda driver borrows funds directly from investors via blockchain, with terms enforced by smart contracts. This empowers users with greater control over their finances, crucial in regions with limited banking infrastructure.

What else can blockchain be used for?

Beyond cryptocurrencies, blockchain has diverse applications in Africa:

  • Immutable audit trails: In Zimbabwe, where land disputes are common, blockchain can create tamper-proof land title records. A project like Bitland uses blockchain to log property transactions, ensuring transparency and reducing fraud.
  • Supply chain tracking: In Côte d’Ivoire, blockchain tracks cocoa from farm to export, ensuring ethical sourcing. Companies like Farmerline use blockchain to verify the origin of produce, building trust with international buyers and ensuring fair pay for farmers.
  • Smart contracts for governance: In Ghana, blockchain-based voting systems are being explored to enhance election transparency. Smart contracts could automatically tally votes, reducing the risk of manipulation.

How might blockchain evolve over time?

Blockchain’s future in Africa hinges on two trends:

  • Blockchain as a Service (BaaS): Cloud-based BaaS platforms, like those offered by Amazon Web Service (AWS) or Microsoft Azure, allow African startups to build blockchain solutions without heavy infrastructure costs. For instance, a Nigerian fintech could use BaaS to create a remittance platform, lowering fees for diaspora transfers.
  • Interoperability: As blockchain networks grow, interoperability will enable data sharing across platforms. For example, a blockchain like MediConnect, used in other African regions, could be adapted to ensure interstate hospitals share only necessary data (e.g., treatment history for emergencies) with patient consent, while anonymizing or restricting non-essential data. Regional agreements, like those under the East African Community, could further standardize cross-border data-sharing protocols.

These trends align with growing demands for transparency in supply chains (e.g., ethical mining in the DRC) and economic pressures pushing for cost-effective solutions. However, regulatory clarity and cybersecurity advancements are critical to unlocking blockchain’s full potential in Africa.

What are some concerns around the future of blockchain?

Blockchain technology is complex and rapidly evolving, yet the expertise required to effectively harness its potential across various applications remains limited in Africa. The successful implementation of blockchain solutions relies heavily on consistent access to electricity, widespread internet connectivity, and a population with adequate technical skills—resources that continue to be scarce in many parts of the continent. Adding to these challenges, blockchain platforms are often built using different programming languages and operate on diverse infrastructures, which creates significant interoperability issues and increases the risk of obsolescence as new technologies emerge.

Beyond these foundational barriers, scalability presents another critical challenge. Many established blockchains, such as Bitcoin, struggle to handle high transaction volumes efficiently—an important consideration in densely populated markets like Nigeria. Furthermore, the energy-intensive proof-of-work consensus mechanism commonly used by these blockchains is often impractical in regions with unreliable power supply. However, alternative consensus models like proof-of-stake offer promising solutions to these energy concerns.

In Nigeria specifically, blockchain adoption is gradually gaining regulatory balance as authorities like the Central Bank of Nigeria and the Securities and Exchange Commission unify policies. Although restrictions on major cryptocurrency platforms such as Binance and Coinbase create uncertainty.

At the same time, cybersecurity risks, illustrated by incidents like the hacking of South Africa’s centralized exchange VALR, reveal vulnerabilities within the ecosystem. Moreover, competing financial technologies—such as mobile money platforms like Kenya’s M-Pesa—continue to dominate the payments landscape due to their relative simplicity and widespread adoption, potentially outpacing blockchain solutions in the near term.

Final Thoughts.

While blockchain isn’t a cure-all, by enabling responsible supply chains—those that are transparent, ethically sourced, and sustainable—blockchain strengthens trust and accountability across borders. This is critical for advancing the African Continental Free Trade Area (AfCFTA), which seeks to unify 54 countries into a single market. Through technologies like smart contracts, digital ledgers, and real-time data sharing, blockchain can reduce trade friction, lower costs, and accelerate the movement of goods and services.

Furthermore, the integration of smart contract governance offers a new level of automation and trust in cross-border transactions. By encoding trade agreements into self-executing digital contracts, parties can minimize disputes, enforce compliance automatically, and ensure fairness in trade practices—especially vital in a diverse and multi-jurisdictional context like Africa. Complementing this is blockchain’s capacity to create immutable audit trails, which provide a tamper-proof historical record of every transaction, shipment, and contract execution. This level of transparency deters fraud, simplifies compliance, and builds long-term institutional trust.

However, the transformative potential of blockchain in Africa hinges on the continent’s ability to adapt, innovate, and implement thoughtful regulation. Effective governance frameworks, digital infrastructure, and cross-border legal harmonization will be essential to ensure inclusive, secure, and scalable adoption. With the right ecosystem in place, blockchain can be a cornerstone technology for a unified, resilient, and future-ready African trade landscape

Source:

  1. Mckinsey & Company, ‘What is blockchain’ Mckinsey Explainers June 2024
  2. Raymond Ofagbor and Deweni Apulu, ‘The Role of Crypocurrency and Blockchain Technology in Fostering Growth & Promoting Trade in Africa’ Aelex Article Series August 2023. <https://www.aelex.com/the-role-of-cryptocurrency-and-blockchain-technology-in-fostering-growth-and-promoting-trade-within-the-afcfta/> Accessed on 3 June 2025.

Written by Adeola Osifeko LLB, LLM, ACIS & ABR. Partner at AEO Law Practice