REGULATION OF ELECTRONIC CONTRACTS IN NIGERIA AND SOUTH AFRICA: A COMPARATIVE ANALYSIS

Abstract

This paper appraises the legal regime for electronic contracts in Nigeria and South Africa. The paper finds that South Africa has one of the best legal frameworks for electronic transactions in the world and that contrary to the position in South Africa, there is no specific legislation on electronic contracts presently in Nigeria, instead the courts in Nigeria have continued to adopt liberal interpretation to the existing contract and commercial laws to accommodate electronic transactions in Nigeria. The paper contends that the successes recorded in electronic transactions in South Africa are attributable to a well-articulated legal regime and Nigeria should adopt the position in South Africa. The paper employs doctrinal methodology with analytical and comparative approaches. The necessity of establishing the accuracy of the findings on the inevitability of enacting a comprehensive law on electronic transactions like that of South Africa is the justification for using the method. The paper concludes by making a case for the outright enactment of the Electronic Transactions Bill into law.