An Analysis of the Legal and Contemporary Issues Arising from E-Contract in Nigeria

<div> <p><b><span>ABSTRACT</span></b><span></span></p> <p><span>&nbsp;</span></p> <p><i><span>The popularity of electronic commercial transactions is imbued by e-contract, without which such transactions would become processes in impossibility. This research analysed the legal and contemporary issues arising from e-contract in Nigeria. The research was motivated by the reality that electronic or digital mode of transactions is fast replacing the traditional mode in the contemporary world; and Nigeria is not an exception. It became necessary to conduct this research to determine how Nigeria’s existing legal and institutional frameworks provide for and regulate e-contract amidst local circumstances, such as erratic electricity supply, electronic frauds or cyber-security breaches, lack of trust by many Nigerians in e-contract and so on. The research adopted the doctrinal methodology, which enabled the gathering of materials from primary and secondary sources. Analysing the materials gathered by this methodology, the research found that Nigeria has several laws and institutions that regulate cyber environment, personal data use, electronic payment system and proof of electronic records, in conjunction with the application of Common Law principles .for some aspects of e-transactions. However, they do not constitute adequate and effective legal and institutional frameworks for e-contract, given that they do not make specific and comprehensive provisions for the practice and regulation of e-contract in Nigeria. The research further found that low level of Internet literacy, personal data and cyber-security breaches, erratic power supply, among others, constitute the issues and challenges facing the practice of e-contract in Nigeria. The research recommended that a principal and e-contract-specific law be made to adequately govern e-contract, while the existing institutions be reinforced to regulate e-contractual environment, among other recommendations. To achieve the adequacy of e-contract legal framework, the research specifically recommended the review, re-passage and signing into law of the Electronic Transactions Bill, 2015 long awaiting executive assent. The research concluded that robust legal and institutional frameworks for e-contract in Nigeria would advance the practice of e-contract, while other issues and challenges facing e-contract in Nigeria would be resolved by applying other recommendations made in this research. </span></i></p> </div><i><span><br></span></i>