ELECTRONIC COMMERCE: THE VALIDITY OF INTERNET SALE OF GOODS CONTRACT UNDER THE CURRENT NIGERIAN LAW

Abstract

This paper examines the concept of e-commerce and focuses on finding answers to the question whether an electronic sale of goods contract is valid under current Nigerian Law against the backdrop of the position under the common law, the Sale of Goods Act 1893, and its equivalent in some of the states in Nigeria. Some provisions of the Evidence Act 2011, the recently enacted Cybercrimes (Prohibition, Prevention, etc) Act 2015, as well as the Draft Electronic Transactions Bill, were highlighted with a view to ascertaining whether there is any statutory provision that clearly states that an electronic contract is valid. For the purpose of comparison, a brief reference is made to the Electronic Transactions laws of some African countries. The paper reached the conclusion that the Electronic Transaction Bill is yet to receive presidential assent and as such cannot be considered as a current law in force in Nigeria, the current applicable law in Nigeria on the validity of electronic contract in Nigeria, remains the common law, and it recommends that the Bill should be enacted into law, without further delay as it would give further clarity, and certainty, to the legal status of electronic contracts particularly with reference to sale of goods transactions on the internet.