Are electronic signatures legal in Nigeria? Which laws primarily govern electronic signatures?

Electronic signatures are legal in Nigeria. They are primarily regulated by the Evidence Act of 2011, the National Information Technology Development Agency (NITDA) Act of 2007, and the Companies and Allied Matters Act (CAMA) of 2020, among others.

What is an electronic signature in Nigeria?

Nigerian law does not provide a specific definition for electronic signatures. However, based on the provisions of the Evidence Act of 2011, it can be inferred that an electronic signature refers to a process that can be proven to exist, requiring an individual to perform a symbol or security procedure during a transaction to verify that the electronic record belongs to that individual.

What types of electronic signatures are recognized in Nigeria, and what are their respective requirements?

Nigerian law does not specify a particular format for electronic signatures.

However, according to the Electronic Transactions Bill (“the Bill”) passed by the Nigerian Senate in 2017, which has yet to be assented to by the President, the following conditions must be met to fulfill the requirement of a personal signature in electronic communications:

• A method is used to identify the person and indicate their approval of the information communicated;
• Considering all relevant circumstances at the time of using the method, the method is as reliable as appropriate for the purpose of the communicated information;
• The person required to provide the signature consents to fulfilling the requirement through the use of the identification method.
   

In what situations can electronic signatures be used in Nigeria?

In Nigeria, electronic signatures can be used in various scenarios, including but not limited to:

• Consumer agreements, such as new retail account opening documents, terms of sale, terms of service, software licenses, purchase orders, order confirmations, invoices, user manuals, policies, and service agreements;
• Human resources documents, such as employment contracts, non-disclosure agreements (NDAs), employee invention agreements, privacy notices, benefits documentation, internal policies, and other onboarding processes for new employees;
• Commercial agreements between corporate entities, including NDAs, purchase orders, invoices, service level agreements, and sales agreements.

In what situations is a traditional signature required in Nigeria?

Traditional signatures are required for the following documents or scenarios:

• Creation and execution of wills, codicils, and other testamentary documents;
• Issuance of death and birth certificates;
• Family law matters, such as marriage, divorce, adoption, and related issues;
• Issuance of court orders, notices, and court documents, including affidavits, pleadings, motions, and other related judicial documents;
• Cancellation or termination of utility services;
• Preparation of documents required for the transportation or management of solid or liquid hazardous materials;
• Issuance of documents ordering the recall of pharmaceuticals, chemicals, or other materials due to counterfeiting, posing a danger to individuals or the environment, or being expired as determined by any authorized entity;
• Land transfers;
• Powers of attorney authorizing a person to execute deeds.