Is Electronic Signature Legal in Nigeria?
Last updated on August 3rd, 2023 at 12:29 am
Electronic signatures have become very popular nowadays as everything is going digital. In today’s digital age, traditional ink-on-paper signatures are being gradually replaced by electronic signatures. The convenience of electronic signatures has enable businesses and corporations to engage in contract execution and transactions with customers remotely.
However, in Nigeria, there is a certain reluctance among businesses to adopt electronic signatures due to uncertainties surrounding their legality. This article aims to explore the legal landscape of electronic signatures in Nigeria, shedding light on whether they are recognized and permissible in the country.
WHAT IS AN ELECTRONIC SIGNATURE?
An electronic signature refers to a digital representation of a person’s signature or an electronic indication of their intent to agree to or authenticate a document, transaction, or electronic communication. It serves as a legally binding method to confirm the identity of the signer and express their consent or approval.
Unlike traditional handwritten signatures, which are physically created using pen and paper, electronic signatures are generated and captured electronically. They can take various forms, including a scanned image of a handwritten signature, a typed name, a digital representation of a signature created using a stylus or touchpad, or even a cryptographic code unique to the signer.
Electronic signatures are commonly used in various industries and for a wide range of purposes, such as signing contracts, agreements, consent forms, financial documents, employment documents, and more. They provide a convenient and efficient way to sign documents, eliminating the need for physical paperwork and enabling remote signing capabilities.
The validity and acceptance of electronic signatures depend on the jurisdiction and applicable laws. Many countries, including Nigeria, have enacted legislation to recognize the legal status of electronic signatures and establish frameworks for their use. In this article, we will look at if it’s legal to use an electronic signature in Nigeria.
IS ELECTRONIC SIGNATURE LEGAL IN NIGERIA?
Fortunately, the use of electronic signatures is legally recognized and accepted in Nigeria. The Nigerian Evidence Act, specifically Section 93 (2) and 93 (3), provides the foundation for the acceptance of electronic signatures for general business use. Additionally, the Cybercrimes (Prohibition and Prevention) Act of 2015 further affirms the legality of electronic signatures in Nigeria.
However, it is essential to note that certain transactions cannot be concluded using electronic signatures alone. Some examples of such transactions include the issuance of death certificates and birth certificates, the creation and execution of wills, and the cancellation of utility services. These specific transactions require physical documentation and may necessitate the involvement of traditional, ink-based signatures for legal validity.
THE LEGAL STATUS OF ELECTRONIC SIGNATURES IN NIGERIA
The use of electronic signatures has become increasingly prevalent in Nigeria, enabling the validation of documents and facilitating transactions without the need for physical presence. In this section, we will delve into the legal position of electronic signatures in Nigeria, exploring the situations where they are permitted and the exceptions outlined by the Cybercrimes (Prohibition and Prevention) Act.
In Nigeria, the law recognizes the use of electronic signatures as valid and enforceable, particularly in instances where a document requires a signature for its validity or to avoid specific consequences. The Cybercrimes (Prohibition and Prevention) Act of 2015, as well as the Nigerian Evidence Act, provide the legal framework supporting the acceptance of electronic signatures in various transactions.
The Cybercrimes Act stipulates that electronic signatures are binding in purchases of goods and other transactions, emphasizing their enforceability. This means that electronic signatures can be utilized in a wide range of contracts and transactions, including employment contracts, consumer agreements, non-disclosure agreements, and various commercial agreements.
EXCEPTIONS TO THE USE OF ELECTRONIC SIGNATURES
Despite the general acceptance of electronic signatures, there are certain exceptions outlined in Section 17 of the Cybercrimes Act, where their use is not binding. These exceptions include:
- Instruments accompanying the transportation or handling of dangerous materials.
- Documents ordering the withdrawal of fake, expired, or dangerous drugs, chemicals, or other materials.
- Cancellation of utility services.
- Death certificates.
- Birth certificates.
- Issuance of court orders, notices, and official court documents.
- Creation and execution of wills and other testamentary documents.
- Family-related matters such as marriage, divorce, adoption, and related issues.
It is important to note that the above transactions and documents require physical signatures and cannot be concluded solely through electronic means.
PENALTIES FOR UNAUTHORIZED USE OF ELECTRONIC SIGNATURES
Both the Nigerian Evidence Act and the Cybercrimes Act impose penalties for unauthorized interception, alteration, and fraudulent use of electronic signatures. If a person unlawfully intercepts, forges, or fraudulently alters someone else’s electronic signature with the intention to defraud or misrepresent, they may face imprisonment for up to 7 years upon conviction.
FREQUENTLY ASKED QUESTIONS ON ELECTRONIC SIGNATURE
IS IT LEGAL TO USE ELECTRONIC SIGNATURES IN NIGERIA?
Yes, electronic signatures are legal in Nigeria. The Nigerian Evidence Act and the Cybercrimes (Prohibition and Prevention) Act recognize the validity and enforceability of electronic signatures in various contexts, subject to certain exceptions.
WHAT LAWS GOVERN ELECTRONIC SIGNATURES IN NIGERIA?
The Nigerian Evidence Act and the Cybercrimes (Prohibition and Prevention) Act provide the legal framework for electronic signatures in Nigeria. These acts define the use and acceptance of electronic signatures and establish guidelines for their validity and enforceability.
ARE ELECTRONIC SIGNATURES AS LEGALLY BINDING AS HANDWRITTEN SIGNATURES IN NIGERIA?
Yes, electronic signatures are considered legally binding in Nigeria. The Nigerian Evidence Act recognizes electronic signatures as a valid means of expressing consent and authenticating documents, transactions, and electronic communications.
WHAT ARE THE ADVANTAGES OF USING ELECTRONIC SIGNATURES IN NIGERIA?
Electronic signatures offer numerous benefits, including increased efficiency, cost savings, and convenience. They eliminate the need for physical paperwork, enable faster document processing, and allow for remote signing capabilities. Electronic signatures also provide a higher level of security and document integrity through encryption and authentication measures.
CAN ELECTRONIC SIGNATURES BE CHALLENGED IN COURT IN NIGERIA?
Electronic signatures, like handwritten signatures, can be challenged in court if their validity or authenticity is disputed. However, the burden of proof lies with the party challenging the electronic signature. Adequate documentation and evidence supporting the integrity and authentication of the electronic signature can help strengthen its legal standing.
CONCLUSION
That’s the size of this article on the legality of electronic signatures in Nigeria. Here are some key takeaways. Electronic signatures are generally accepted and legally binding for a wide range of contracts and transactions in Nigeria. This article relied on information from the Cybercrimes (Prohibition and Prevention) Act and the Nigerian Evidence Act to provide you with our stand on the legal basis of electronic signatures in Nigeria.
