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Abstract
The rapid expansion of digital technology has transformed traditional concepts of contract formation, execution, and enforcement. In Nigeria, digital contracts—ranging from online agreements and e-commerce transactions to fintech-based service contracts—have become increasingly common. However, despite their widespread use, the legal framework governing these electronic agreements remains fragmented and insufficiently developed. This thesis critically examines the legal challenges and emerging opportunities associated with regulating digital contracts in Nigeria. The study evaluates key statutes such as the Evidence Act 2011, the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015, and the pending Electronic Transactions Bill, highlighting gaps in their capacity to address issues such as electronic signatures, admissibility of electronic evidence, jurisdictional complexities, automated contracting, and data protection. Using a doctrinal research methodology, the work draws on primary legislation, judicial decisions, scholarly writings, and comparative legal standards from jurisdictions such as the European Union and the United States. The findings reveal that while Nigerian law recognises electronic evidence and signatures to an extent, significant uncertainties persist in areas such as enforceability, consumer protection, and cross-border digital transactions. The absence of a comprehensive and consolidated statute on digital contracting continues to undermine legal certainty and trust in Nigeria’s digital economy. Nevertheless, the study identifies opportunities for Nigeria to strengthen its regulatory landscape through legislative reform, harmonisation with international best practices, and institutional capacity-building. The thesis concludes that modernising Nigeria’s digital contract framework is essential to promoting commercial growth, safeguarding consumer rights, and ensuring Nigeria’s competitiveness in the global digital marketplace. It recommends the enactment of a robust Electronic Transactions Act, clearer judicial guidelines on electronic evidence, improved data protection mechanisms, and increased public awareness on digital rights and obligations. These reforms, if implemented, will enhance legal predictability and support Nigeria’s transition toward a fully digitised commercial environment.
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