An X-Ray on The Legality of Digital and Electronic Signatures in Nigeria

Abstract

This piece of work x-rays the legality of documents or instruments executed via digital or electronic signatures (e-signature). It examines the positions of relevant Nigeria laws and courts with respect to validity and admissibility of instruments digitally and electronically generated. The Evidence Act 2011(as amended 2023) has made provisions allowing the admissibility of digital and electronic evidence with stipulated conditions that must be met before same can be admitted upon being tendered. The Evidence Act 2021(as amended 2023), various authors and courts have defined both digital and e-signature in different ways that are similar in meanings. The recent amendment of the Evidence Act is a display of legislative efforts to pave way for the admissibility of digitally and electronically generated evidence with a view to aligning with global trend of drawing, conducting and concluding business transactions. The acceptance of digital and e-signatures under the law and within the business world does not go without the attendant challenges which are in any case surmountable with the right facilities, agencies and laws in place. A typical example is the Cybercrimes (Prohibition and Protection) Act of 2015. A slight reference is made to what obtains in other jurisdictions. Although digital signature and electronic signature are often used interchangeably, there is the slim margin distinguishing one from the other. One of the conditions placed by the Evidence Act is the execution and tendering of a Certificate of Authentication by a person in position of responsibility - the importance of which are considered hereunder. Upon conclusion of this piece of work, recommendations are made to further tighten the insecurity surrounding the efficacy of adopting a wider range of the usage of digital and e-signature in Nigeria.