Are electronic signatures legal in Nigeria?

The two Acts that matter

• Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, section 17. An electronic signature in respect of purchases of goods and any other transactions is binding. If a signature's genuineness is in question, the burden of proving that it doesn't belong to its purported originator falls on the person contesting it.
• Evidence Act, 2011, section 93. Where a rule of evidence requires a signature, or sets consequences for a document not being signed, an electronic signature satisfies it (s. 93(2)). It may be proved in any manner, including by showing a security procedure the person had to complete to proceed with the transaction (s. 93(3)).

Section 17 also makes it an offense to forge another person's signature or company mandate through electronic devices with intent to defraud. Neither Act defines tiers such as advanced or qualified signatures, and neither sets up a licensing scheme for e-signature providers.

The burden of proof

Nigeria's rule on disputed signatures is unusual. Many countries make the party relying on a plain electronic signature prove it. Section 17 of the Cybercrimes Act puts the burden on whoever says the signature isn't the purported signer's. That doesn't remove the need for evidence: section 93 of the Evidence Act still expects a signature to be proved, and a clear record of the signing steps is how you do it.

What can't be signed electronically

Section 17 excludes these from the transactions and declarations made valid by electronic signature:

• Creating and executing wills, codicils and other testamentary documents.
• Death certificates and birth certificates.
• Family law matters such as marriage, divorce and adoption.
• Court orders, notices and official court documents such as affidavits, pleadings and motions.
• Cancellation or termination of utility services.
• Instruments that must accompany the transport or handling of dangerous materials.
• Orders withdrawing fake, dangerous or expired drugs, chemicals and other materials.

Where SignMaster fits in Nigeria

SignMaster provides electronic signatures with an audit trail, which section 17 treats as binding for ordinary transactions: service agreements, supply contracts, quotes, employment offers and NDAs. Every completed PDF ends with a certificate of completion showing each signer's email, IP address, consent and timestamps, and a SHA-256 fingerprint shows whether the file changed. That's the kind of record section 93 lets you use to prove a signature.