Under Nigerian law of trust, beneficiaries or dependents have the

right to the secret protection of their interests. This right is a

fundamental aspect of the fiduciary relationship between trustees
and beneficiaries.

The law recognizes that in certain circumstances, beneficiaries may be

vulnerable to external pressures or threats, and may require the
trustees to keep certain information confidential. For example, where
a beneficiary is a minor, or has a disability, or is subject to coercion, it
may be necessary for the trustee to protect their interests by keeping
certain information confidential.

The right to secret protection of dependants is also recognized in

situations where the disclosure of information could harm the
beneficiary’s interests. For example, if a beneficiary has a medical
condition that could be stigmatized, the trustee may be obligated to
keep that information confidential.

It is important to note, however, that the right to secret protection of

dependants is not absolute. Trustees must balance the need for
confidentiality with their duty to act in the best interests of the
beneficiaries. If the disclosure of information is necessary to protect
the interests of the beneficiaries, then the trustee may be obligated
to disclose that information, even if it would otherwise be
confidential.

In summary, the right to secret protection of dependants is an

important aspect of the Nigerian law of trust. Trustees have a duty to
protect the interests of the beneficiaries, including their right to
privacy and confidentiality, but must balance this duty with their
obligation to act in the best interests of the beneficiaries.
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The right to secret protection of dependants under the Nigerian law

of trust is an essential aspect of the fiduciary relationship between
trustees and beneficiaries. It recognizes that beneficiaries may be
vulnerable and require the trustees to keep certain information
confidential to protect their interests. This right is based on the
principle of confidentiality, which is a fundamental aspect of trust law.

Confidentiality is an obligation on the trustee to keep certain

information confidential, and not to disclose it to third parties
without the consent of the beneficiaries or a court order. This
obligation is imposed on trustees to protect the interests of the
beneficiaries and to prevent them from being harmed.

The right to secret protection of dependants is particularly important

in situations where the disclosure of information could harm the
beneficiary's interests. For example, if a beneficiary has a medical
condition that could be stigmatized, the trustee may be obligated to
keep that information confidential. Similarly, if a beneficiary is a
minor, or has a disability, or is subject to coercion, the trustee may be
required to keep certain information confidential to protect their
interests.

However, it is important to note that the right to secret protection of

dependants is not absolute. Trustees have a duty to act in the best
interests of the beneficiaries and may be obligated to disclose
information if it is necessary to protect the interests of the
beneficiaries. For example, if a beneficiary is in danger, the trustee
may be obligated to disclose certain information to protect them.

The duty of confidentiality also extends to the beneficiaries

themselves. Beneficiaries have a duty to keep confidential any
information they receive from the trustee or other beneficiaries,
unless there is a legal obligation to disclose it.

In summary, the right to secret protection of dependants under the

Nigerian law of trust is an important aspect of the fiduciary
relationship between trustees and beneficiaries. It recognizes the
need to protect the interests of vulnerable beneficiaries and to
balance the duty of confidentiality with the duty to act in the best
interests of the beneficiaries.
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Statutory provisions that recognize the right to secret protection of
dependants include section 1 of the Trustee Act, which provides that
a trustee shall not use or disclose any confidential information
obtained in the course of his or her duties, except as necessary for
the proper administration of the trust. Section 3 of the same Act
provides that trustees must act in the best interests of the
beneficiaries, which includes protecting their interests and privacy.

Similarly, the Nigerian Data Protection Regulation 2019, which was

issued pursuant to the Nigerian Data Protection Regulation Act,
provides for the protection of personal data and the confidentiality of
such data. This regulation applies to trustees who handle personal
data of the beneficiaries, and imposes a duty on them to ensure that
the personal data is processed lawfully, transparently, and in
accordance with the data subject's rights.

In terms of case law, the case of Oyebola v. Oyebola (1995) 9 NWLR

(Pt. 421) 385, is an example of a case where the court recognized the
right to secret protection of dependants. In this case, the court held
that a trustee had a duty to keep confidential the details of the
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Afribank Nigeria Plc v. Nwosu (2007) 12 NWLR (Pt. 1049) 225: In this case, the
court held that a trustee had a duty to protect the interests of beneficiaries
and to keep confidential any information obtained in the course of his or her
duties. The court stated that trustees are bound to act in the best interests of
the beneficiaries, and this includes protecting their interests and privacy.

Ajayi v. Ajayi (1995) 3 NWLR (Pt. 383) 135: In this case, the court held that a
trustee had a duty to keep confidential the details of the trust and the
interests of the beneficiaries. The court stated that trustees must act in good
faith and with due diligence, and must keep confidential any information
obtained in the course of their duties.

Oyegbola v. Ogunbiyi (1985) 3 NWLR (Pt. 12) 236: In this case, the court held
that a trustee had a duty to keep confidential any information obtained in the
course of his or her duties, and that the duty of confidentiality extends to the
beneficiaries themselves. The court stated that beneficiaries have a duty to
keep confidential any information they receive from the trustee or other
beneficiaries, unless there is a legal obligation to disclose it.
UBN Plc v. Alhaja Hamdalat Kehinde Abolaji (2014) LPELR-23698 (CA): In this
case, the court held that a trustee had a duty to protect the interests of the
beneficiaries, including their right to privacy and confidentiality. The court
stated that trustees must act in good faith, with due diligence, and in the best
interests of the beneficiaries, and that this includes keeping confidential any
information obtained in the course of their duties