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Digital signatures (distinct from broader “electronic signatures”) use asymmetric cryptography to bind a signer’s identity to a document and to detect any subsequent alterations. Unlike simple e‑signatures (e.g., scanned images or click‑to‑sign), digital signatures generate a unique hash of the document encrypted with the signer’s private key, ensuring non‑repudiation and data integrity upon decryption with the corresponding public key. In Nigeria’s evolving digital economy, such signatures underpin secure online transactions and are increasingly integral to legal processes, from contract formation to court filings.
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Legal Recognition and Regulatory Framework

Section 93(2) of the Evidence Act 2011 provides that “where a rule of evidence requires a signature … an electronic signature satisfies that rule of law or avoids those consequences,” expressly admitting digital signatures as equivalent to wet‑ink marks in court proceedings. Complementarily, Section 17(1) of the Cybercrimes Act 2015 confirms that “electronic signature … shall be binding” for commercial transactions, while imposing penalties for forgery to safeguard authenticity. The Companies and Allied Matters Act 2020 similarly validates electronic signing for corporate documents, enabling the Corporate Affairs Commission to accept digitally signed filings without manual endorsement. Notwithstanding these statutes, neither the Evidence Act nor the Cybercrimes Act defined “digital signature” until Section 258 of the Evidence Act 2023 described it as “an electronically generated signature … to verify its contents and the sender’s identity”. Crucially, the National Information Technology Development Agency’s Public Key Infrastructure (PKI) Regulations 2017 established licensure and operational standards for Certification Authorities, granting digital signature certificates a judicial presumption of validity when issued by NITDA‑licensed bodies. Further, the Electronic Transactions Bill 2015 (awaiting presidential assent) would codify digital signature administration, certification authority roles, cross‑border recognition, and liability provisions. Looking ahead, the National Digital Economy and E‑Governance Bill 2024 proposes to harmonize definitions of “digital signature,” stipulate signature requirements, and facilitate mutual recognition of foreign certificates, thus broadening legal certainty for international digital dealings.
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Practical Applications and Implementation Challenges

In Nigerian courts, digitally signed pleadings and exhibits are routinely accepted, provided the proponent demonstrates the cryptographic procedure used (consistent with Section 93(3) of the Evidence Act) thereby streamlining litigation workflows and reducing paper burdens. The CAC’s e‑filing portal exemplifies corporate adoption: lawyers and company officers upload digitally signed incorporation documents, annual returns, and minutes, benefiting from audit trails and timestamping. Similarly, major law firms leverage digital signing platforms to execute client engagements and transactional agreements, enhancing turnaround times and document security.
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  Outside legal practice, digital signatures enable secure e‑procurement and contract management within government agencies and private enterprises, although uptake is hindered by inconsistent internet speeds, limited public understanding, and reliance on legacy paper processes. Training gaps mean many SMEs remain unaware of how to obtain and use digital certificates, while some certification authorities have yet to secure NITDA licensing, leaving potential regulatory “dead letters” in the PKI framework. Moreover, until the Electronic Transactions Bill becomes law, ambiguity persists over cross‑platform standardization and the enforceability of foreign‑issued digital certificates.
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Conclusion

Digital signatures represent a cornerstone of Nigeria’s digitalization agenda, marrying cryptographic security with legal recognition to facilitate efficient and trustworthy online transactions. While significant legal instruments (the Evidence Act 2011, Cybercrimes Act 2015, CAMA 2020, and NITDA PKI Regulations 2017) provide a solid foundation, the enactment of the Electronic Transactions Act and the forthcoming National Digital Economy and E‑Governance Bill will be pivotal in closing residual gaps. Stakeholders must prioritize public education, infrastructure enhancement, and certification authority accreditation to fully realize the promise of digital signatures in Nigerian legal processes. References
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This article was first published on 23rd April 2025
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preciousgift-nwaeze

Preciousgift is an exceptionally gifted Nigerian writer with a robust theological background and an unwavering passion for gospel music. Alongside crafting uplifting gospel content, he demonstrates expertise in writing about education, communication, and technology, showcasing his remarkable versatility across various subjects.

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