ELECTRONIC SIGNATURES AND ELECTRONIC CONTRACTS UNDER NIGERIAN LAW: LEGAL VALIDITY, EVIDENTIAL CHALLENGES AND FUTURE PROSPECTS

Abstract

Digital evolution sparks a transformative shift, as virtually everything traditionally conducted through physical means can now be executed electronically with ease, effectiveness and efficiency. At the centre of this shift is the process of contracting. The growth of electronic contracts is driven by several factors, including the widespread use of mobile phones and telecommunication systems, the predominance of digital payment solutions, and the rapid expansion of electronic commerce platforms. This form of contracting offers innovative and practical benefits, justifying the transition from conventional paper based agreements to digital methods.

From this perspective, the transformation extends beyond the medium of contracting to the expression of consent, giving rise to electronic signatures. This form of signature enhances convenience and accessibility by removing the need for physical presence when executing documents, which is typically required in traditional signing processes.

Despite the numerous benefits associated with electronic contracts and electronic signatures, their rapid development has outpaced existing regulatory frameworks, leading to concerns about security, authenticity and legal validity. These challenges are further compounded by the pseudonymous nature of the internet, which can obscure the true identity of parties involved in legally binding agreements.

Against this background, this work begins by examining electronic contracts and electronic signatures. It proceeds to identify the various forms of electronic contracts in comparison with traditional contracts. Furthermore, it analyses the key legal frameworks governing electronic contracts and electronic signatures in Nigeria, while evaluating the legislative gaps within these frameworks. Ultimately, it explores relevant areas to provide guidance for developing balanced and forward looking recommendations that promote innovation while addressing the potential risks associated with digital contracting and electronic signatures.