eSignature Legality Guide
eSignature Legality in Nigeria
Electronic signatures are legally recognized in Nigeria, as established by various statutes and legislative updates.
E-Signature Legality Summary
In Nigeria, a handwritten signature is not always required for a contract to be valid. Contracts are generally enforceable if they meet certain criteria, such as offer, acceptance, consideration, intention to create legal relations, and capacity to contract. All these elements must be present for a contract to be binding and enforceable. The Nigerian Evidence Act acknowledges electronic signatures, and leading digital transaction management platforms can generate electronic records that are admissible as evidence under Section 93 of the Nigerian Evidence Act, supporting the existence, authenticity, and acceptance of a contract.
Use Cases for Standard Electronic Signature (SES)
Common scenarios where SES is suitable include:
- Human resources documents, such as standard employment contracts, NDAs, employee invention agreements, privacy notices, benefits forms, and other onboarding paperwork
- Commercial contracts between companies, including NDAs, purchase orders, order confirmations, invoices, procurement documents, sales agreements, distribution agreements, and service contracts
- Consumer agreements, such as documents for opening new retail accounts, sales and service terms, software licenses, purchase orders, order confirmations, invoices, user manuals, policies, and service agreements
Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Certain transactions are specifically excluded from digital or electronic processes, or require handwritten (wet ink) signatures or formal notarization, making them generally incompatible with electronic signatures or digital transaction management.
- Seal – If required by a limited liability company’s articles of association, the company’s common seal may need to be affixed to a contract for it to be enforceable
- Seal – Deeds executed by a company, which must have the company seal affixed in the presence of and attested by its clerk, secretary, and a board director (The Evidence Act)
- Seal – Any transfer of land
- Seal – Powers of attorney authorizing the execution of deeds
- Seal – Probate of wills
- Creation and execution of wills, codicils, and other testamentary documents
- Death certificates
- Birth certificates
- Family law matters such as marriage, divorce, adoption, and related issues
- Issuance of court orders, notices, and official court documents such as affidavits, pleadings, motions, and other judicial documents and instruments
- Cancellation or termination of utility services
- Documents required to accompany the transportation or handling of hazardous materials, whether solid or liquid
- Any document ordering the withdrawal of drugs, chemicals, or other materials deemed fake, hazardous, or expired by an authorized body
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: November 1, 2019