The introduction of the new Evidence Act in 2011 solved one of the recent problems of execution or signing of documents in Nigeria. With growing business activities over the internet and the need to consummate legal relations on internet platforms, clients have been asking whether parties can execute documents using electronic signature. The simple answer to this question is YES.
Section 93 (2) of the Evidence Act, 2011, provides 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. It went further to state that an electronic signature may be proved in any manner, including by showing that a procedure existed by which it is necessary for a person, in order to proceed further with a transaction, to have executed a symbol or security procedure for the purpose of verifying that an electronic record is that of the person.
This is even more so when the same Evidence Act recognises the admissibility of electronic evidence, which was not the case previously. However, some government agencies and parastatals may still require that individuals sign the documents physically for administrative purposes, as they are yet to acquire technologies that will enable them verify or rely solely on electronic signatures.
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