For centuries, the physical act of signing a document carried great significance; it represented contracts, agreements, and important life decisions. In those days, a physical signature was the only thing that made an agreement legally binding. But the digital revolution has changed everything in our world forever, including signatures.
In this digital world, electronic signatures have become a substitute for inked ones. This is because they provide efficiency and convenience. However, there is still reluctance and reservations about its usage in the hearts of many Nigerians. These reservations stem primarily from doubts about whether they are admissible and acceptable in Nigerian courts. If you have such doubts, this article will let you know whether electronic signatures are admissible in Nigerian courts
What are Electronic Signatures?
Electronic signatures are digital copies of your traditional handwritten signature that you apply electronically to documents to indicate that you agree with their contents. They can be as basic as click-to-sign or as complex as digital certificates-based cryptographically generated signatures that are more secure.
Are Electronic Signatures admissible in Nigerian Courts?
Before 2011, the legal framework surrounding e-signatures in Nigeria remained somewhat ambiguous. Although electronic signature evidence had been recognized by the courts on occasion in certain cases, there was no comprehensive legal framework that specifically acknowledged the legitimacy of electronic signatures. This ambiguity prevented widespread adoption by causing individuals and businesses to become confused and hesitant. The absence of clear guidelines in several sectors’ regulations further complicated the use of electronic signatures in particular industries.
However, in 2011, the Evidence Act was passed, and Section 94(2) settled the ambiguity. This section states that “where a rule of evidence requires a signature or provides for certain consequences if a document is not signed, an electronic signature satisfies that rule of law or avoids those consequences.” Simply put, it expressly acknowledges that e-signatures are recognized by the court as being legally equivalent (having the same authority) to conventional wet-ink signatures. This means e-signatures are admissible in Nigerian courts.
In addition, the Cybercrimes (Prohibition, Prevention, etc) Act, 2015 (the Cybercrimes Act) strengthens the argument for electronic signatures. Section 17 acknowledges the legal validity of e-signatures, affirming that “Electronic signatures in respect of purchases of goods, and any other transactions shall be binding.” It is important to note that the Act also establishes contexts in which electronic signatures will not be binding. They include:
(a) creation and execution of wills, codicils, and or other testamentary documents;
(b) Death certificate;
(c) Birth certificate;
(d) matters of family law such as marriage, divorce, adoption, and other related
issues;
(e) issuance of court orders, notices, official court documents such as affidavits,
pleadings, motions, and other related judicial documents and instruments;
(f) any cancellation or termination of utility services;
(g) any instrument required to accompany any transportation or handling of
dangerous materials either solid or liquid;
(h) any document ordering the withdrawal of drugs, chemicals, and any other material
either on the ground that such items are fake, dangerous to the people, or the
environment or expired by any authority empowered to issue orders for withdrawal
of such items.
Both the Evidence Act of 2011 and the Cybercrime Act of 2015 communicate the same message – electronic signatures are admissible in Nigerian courts. So, you can (and should) proceed to use them.
Even if Electronic Signatures are admissible in Nigerian courts, why should I use them?
You should use electronic signatures because they enhance efficiency greatly. With e-signatures, You can sign contracts, agreements, and other important documents on any device, at any time, anywhere. This removes needless delays and allows you to complete your transactions more quickly.
Also, do you know that electronic signatures provide higher security than conventional techniques?
Strong security features like encryption, audit trails, and multi-factor authentication are used by reputable e-signature providers like Flowmono to preserve the integrity of your documents. This reduces the possibility of fraud and protects your private data by guarding against unauthorized access and tampering. In this country where cyber threats are constant, the peace of mind you get from this protection is priceless.
Finally, you help create a more sustainable future by adopting e-signatures. You can lessen your environmental impact and help the environment by reducing your dependence on ink and paper.
However, do not forget that certain exemptions exist. In addition to the Cybercrime Act, wet-ink signatures may be required for certain industry-specific regulations. Furthermore, while e-signatures are generally accepted, their reliability and admissibility in court could be challenged.
To ensure your e-signatures hold strong, opt for a trusted e-signature provider like Flowmono that employs secure technologies and adheres to the best industry standards.
Flowmono is a leading electronic signature solution provider that helps businesses and individuals across Nigeria embrace the convenience of electronic signatures.
Our platform offers a variety of features to cater to diverse needs, from simple click-to-sign functionality to advanced security measures and integrations with other businesses’ applications. What are you waiting for? Sign up for free on Flowmono today to sign your real estate contracts with zero stress.
