Nigeria’s Flutterwave Takes Flight: Battling Storms in a Kenyan Court

High above the bustling city of Nairobi, the African fintech giant, Flutterwave, finds itself entangled in a fierce legal struggle. The Kenyan Assets Recovery Agency (ARA) had cast its net over the fintech behemoth, aiming to seize its fortunes on grounds of money laundering and fraud. Like a thunderstorm on the horizon, this legal onslaught sent tremors through the financial landscape.

It all began in August of the previous year, when the ARA seized a staggering $3 million, believed to be associated with illicit activities, from Flutterwave, Hupesi Solutions, and Adguru Technology Limited. This move came just two months after an even larger sum of $52.5 million, including assets belonging to Flutterwave and six other companies, had been frozen. Legal challenges followed each seizure, with the first case being formally withdrawn in March of this year.

CEO Olugbenga Agboola
CEO Olugbenga Agboola

Recently, the ARA made an audacious attempt to withdraw its second case against Flutterwave, but the Kenyan High Court, standing tall and steadfast, thwarted their intentions. Judge Nixon Sifuna, demanded transparency and valid reasons for the withdrawal, dismissing the ARA’s vague request. He insisted on an affidavit sworn by the agency’s CEO or a high-ranking officer before any further proceedings could be considered.

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Flutterwave, once a shining star in the African financial tech realm, has now been cloaked in shadows of uncertainty. This prolonged legal battle threatens to delay the company’s aspirations of acquiring a license to operate in Kenya, leaving investors and users alike nervously anticipating the outcome.

In the courtroom, a torrent of evidence cascaded forth, with the ARA presenting affidavits, bank statements, and other documents, all pointing fingers at Flutterwave’s alleged misdeeds. The agency contended that the fintech company’s bank accounts were conduits for nefarious money laundering activities disguised as merchant services. Yet, Flutterwave vehemently contested these claims, asserting that they were baseless and unsubstantiated.

The saga of Flutterwave dates back to its founding in 2016 by the visionary trio of Iyinoluwa Aboyeji, Olugbenga “GB” Agboola (CEO), and Adeleke Adekoya. The startup was conceived with the noble mission of facilitating seamless cross-border payments across Africa, bridging gaps and empowering businesses and individuals to thrive. Over time, Flutterwave spread its wings to include other innovative ventures — a remittance service enabling swift money transfers to and from the continent, the Flutterwave Store, an e-commerce platform akin to Shopify, and Tuition, a revolutionary education payments platform.

Like a phoenix rising from the ashes, Flutterwave soared to new heights last year, securing a staggering $350 million in funding at a breathtaking valuation of $3 billion. Such financial prowess cemented its position as one of Africa’s most valuable startups. However, amidst its ascent, the company was not impervious to adversity.

Controversy and hardship loomed over Flutterwave’s flight, with allegations of harassment, funds misappropriation, and mismanagement casting shadows on its once bright image. As the storm raged on, the company’s leaders struggled to navigate treacherous waters and restore their reputation.

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In the Kenyan courtroom, the ARA’s case against Flutterwave was just one piece of a larger puzzle. With eyes cast far and wide, the agency targeted a total of seven companies, believing them to be complicit in the alleged money laundering web. Their actions culminated in the freezing of an astonishing Sh7 billion held in 56 bank accounts.

Among the companies ensnared in the ARA’s pursuit of justice were Boxtrip Travel and Tours Limited, Bagtrip Travel Limited, Elivalat Fintech Limited, Adguru Technology Limited, Hupesi Solutions, Cruz Ride Auto Limited, and one Simon Ngige. Each entity stood accused, and their financial affairs were painstakingly laid bare before the court’s discerning gaze.

The intricate web of transactions and purported money laundering activities captured the attention of the court, leading to orders to freeze vast sums in various currencies, including USD, British Pound Sterling, EURO, and Kenya Shillings. The ARA argued that Flutterwave’s accounts, among others, served as vessels for concealing the true nature and origins of the funds, cleverly masking their trail. The agency pointed to suspicious deposits and lack of evidence to validate legitimate retail transactions, further fueling their case.

Yet, amidst this tempest of legal battles and accusations, Flutterwave’s leaders stood firm, maintaining their innocence and pledging to cooperate fully with the investigations. Their vision of fostering a robust and inclusive financial ecosystem for Africa remained unwavering, as they braced themselves against the headwinds.

As the story unfolds, the fate of Flutterwave remains uncertain. Will the fintech giant be able to weather the storm and soar to even greater heights, or will it find itself cast adrift in the turbulent seas of litigation? Only time will tell, as the courts continue their deliberations and the winds of justice blow in all directions.

Flutterwave Kenyan Flutterwave Kenyan

Charles Rapulu Udoh

Charles Rapulu Udoh is a Lagos-based lawyer, who has several years of experience working in Africa’s burgeoning tech startup industry. He has closed multi-million dollar deals bordering on venture capital, private equity, intellectual property (trademark, patent or design, etc.), mergers and acquisitions, in countries such as in the Delaware, New York, UK, Singapore, British Virgin Islands, South Africa, Nigeria etc. He’s also a corporate governance and cross-border data privacy and tax expert. 
As an award-winning writer and researcher, he is passionate about telling the African startup story, and is one of the continent’s pioneers in this regard