Enforceability of online Contracts in Nigerian Courts

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Enforceability of online Contracts in Nigerian Courts

*By: Oyetola Muyiwa Atoyebi SAN, FCIArb (U.K) (Notary Public)*

Nigeria’s transition into a digitally driven economy has significantly increased the use of online contracts, making electronic transactions a central feature of modern commercial interactions.

As businesses and consumers increasingly rely on digital platforms, questions regarding the validity and enforceability of electronically concluded agreements have become more pronounced, particularly within a legal system traditionally anchored on physical documentation and formal requirements.

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This article examines the enforceability of online contracts under Nigerian law, noting that they are governed by traditional contract principles despite their digital form.

It highlights the relevant legal framework, particularly the Evidence Act 2011 and the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, and identifies key challenges such as statutory compliance, proper consent, and unfair standard terms, while emphasizing the need for clearer regulation and improved digital contracting practices.

Pacta sunt servanda

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