Legality of eSignatures in Nigeria
Background
Electronic signatures are rapidly transforming the document authentication landscape in Nigeria and globally by introducing efficient and environmentally conscious methods that are building momentum. The shift from paper to digital signatures accelerates the completion of various dealings.
For successful adoption in Nigeria, selecting an electronic signature tool that aligns with the nation’s legal stipulations, specifically the Cybercrimes Act, Evidence Act, and ratified treaties and Conventions, is crucial. This is to ascertain the legal validity of electronic signatures compared to their handwritten counterparts in Nigeria. Despite the progressive acceptance, it’s essential to recognize that some documents may still need a physical signature, and seeking legal consultation is advisable to navigate variable regional laws1.
The importance of security surrounding electronic signature platforms cannot be understated. Services must integrate robust protection features such as data encryption, verification of signer identities, and provision of audit trails to deter wrongful access and guarantee document authenticity. For instance, BoldSign offers these imperative security features and complies with legal and security protocols.
Enterprises in Nigeria must emphasize legal conformity, elevate security measures, and choose user-friendly platforms for integrating electronic signatures into their business frameworks. This approach boosts productivity and ensures the protection of their business exchanges.
Overview of the eSignature regulations
Generally, eSignatures are considered legally valid and equal to those granted to wet-ink signatures, subject to meeting the regulations’ decrees2.
The Nigerian regulation grants all individuals the freedom to electronically execute their contracts upon agreement by the contracting parties. Such contracts, however, shall not be denied legal admissibility because they were completed electronically3.
Nigeria lacks a uniform law on the forms of electronic signatures. However, a reading of the ratified international and ratified conventions and the domestic Evidence Act suggests that the electronic signatures can be categorized into4:
- Standard electronic signatures
- Advanced electronic signatures
A standard electronic signature is any data, including a sound, symbol, or process, executed or adopted to identify a person and indicate that person’s approval or intention regarding the information contained in a data message and which is attached to or logically associated with that data message.
An advanced electronic signature is designed so that, together with a security procedure, it can be verified that the signature is5:
- Uniquely linked to the signer
- Capable of identifying the signatories
- Created using means that the signer can keep their sole control
- Linked to the data it relates to, so that any subsequent change to the data is detectable
Being uniquely linked to the signer
An advanced electronic signature must be uniquely connected to the person using it. The signature must be uniquely created with methods only the signer can access, like a private key and confidential information, to verify their identity.
Use and incorporation remain in their sole control
The person using the advanced electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer holding the private key exclusively to prevent signature forgery.
Ability to identify the signatories
The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a personal identification number (PIN), an email address, or a company registration number.
Ease in tracking down any alterations made after signing
Preserving the authenticity of the signed document is essential. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and signature place.
Summary analysis
| Types of eSignature | Unique features |
|---|---|
| Standard electronic signature | N/A |
| Advanced Electronic Signature |
|
The scope and limitations of eSignature transactions
The use of electronic signature is not legally recognized for all document types. Some transactions are appropriate for eSignatures, while others are not. Below is a brief analysis and a summary table of these transactions.
Documents that can be signed
Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:
- Legal opinions
- Offer letters
- Memoranda & internal correspondences
- Non-disclosure agreements
- Purchase orders
- HR
- Procurement
- Employee onboarding, etc.
Exemptions
Under the Cybercrimes (Prohibition, Prevention) Act 2015, documents executed by eSignature are binding. In addition to recognizing the validity of eSignature, the Act further sets out certain transactions or declarations that cannot be consummated by eSignature, which include6:
- Creation and execution of wills, codicils, or any other testamentary instruments
- Death certificate
- Birth certificate
- Matters of family law, such as marriage, divorce, adoption, and other related issues
- Issuance of court orders, notices, and official court documents such as affidavits, pleadings, motions, and other related judicial documents and instruments
- Any cancellation or termination of utility services
- Any instrument required to accompany any transportation or handling of dangerous materials, either solid or liquid in nature
- Any document ordering the withdrawal of drugs, chemicals, and any other material, either on the grounds that such items are fake and dangerous to the people or the environment.
Summary list
| Permissible transactions | Exempted transactions |
|---|---|
|
|
How does BoldSign help
The following elements of compliance available within BoldSign can be used to comply with Nigeria’s eSignature laws:
- Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This ensures that the document is only accessed by the intended signer and cannot be tampered with.
- Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds another layer of security to the signing process.
- Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
- Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
- Consent: Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This ensures that the signer is aware of the implications of signing electronically and has given their consent.
- Custom terms: Get your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.
Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations are subject to frequent changes, and the information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information, without limitation of any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.
Syncfusion nor its officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form
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Google Integration, 25 free sends, dashboard, Signature font options, App is very responsive / fast, Emails between sender and signer are good, Audit trail is very helpful, No account needed for signer is great, Mobile experience is good for signer.
Jeremy Kadlec
Edgewood Solutions
Switch to BoldSign already! It's intuitive to use and affordable for small businesses. I never have to worry about the status of a document because with BoldSign I know. Plus, they let you program the frequency of reminders signatories receive. I'm so glad to have found it!
Sarah Dillard
Kaleidoscope
We’re using BoldSign successfully in our b2b SaaS platform - as it’s embedded to allow seasonal farm workers and their agribusiness employers to e-sign their employment onboarding documents for the first time. It’s part of the total solution saving the workers and HR managers 50% more time compared to their traditional pen/paper manual process.
Scott Prince
Croft
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