CRITICAL APPRAISAL OF THE NIGERIAN LAW ON ELECTRONIC TRANSACTIONS

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CRITICAL APPRAISAL OF THE NIGERIAN LAW ON ELECTRONIC TRANSACTIONS

ABSTRACT

Electronic transactions, commonly known as E-commerce, involves the activity of buying and selling goods and services over electronic systems such as the internet or other computer networks or through other electronic means.The rapid development of technology in Nigeria in the 21st century has transformed the traditional modes of conducting business transactions in the country. The central aim of this study is to appraise the laws on electronic transactions in Nigeria. This shall be achieved by examining the concept of electronic transactions, the advent of electronic means of transacting business to replace the manual modes of transacting business in Nigeria as well as the major impacts and challenges of electronic transactions in Nigeria. This study shall further examine the prevalent means by which transactions are conducted electronically in Nigeria and the Nigerian legislations, including certain relevant international laws that are in place to regulate electronic transactions relying on references from textbooks and online resources.This study finds that there is no principal legislation regulating the conduct of electronic transactions in Nigeria which has been adopted by majority of the Nigerian population including businesses. There are, however, scanty provisions in a number of Nigerian laws which regulate majorly offenses arising from such electronic transactions. This study therefore advocates for the enactment of a comprehensive law on electronic transactions in Nigeria, fashioned after legislations on electronic transactions in other jurisdictions and relevant conventions to cover every aspect of electronic transactions and prescribe standards to structure the order of electronic transactions in Nigeria.

TABLE OF CONTENT

Title page

Declaration

Certification

Dedication

Acknowledgements

Abstract

Table of Cases

Table of Statutes

List of Abbreviations

Table of Content

CHAPTER ONE: GENERAL INTRODUCTION.

Statement of the Problem.
Objectives of the Study.
Scope of the Study.
Significance of the Study.
Literature Review.
Definition of Terms.
Chapters Outline.
CHAPTER TWO: AN OVERVIEW OF ELECTRONIC TRANSACTIONS IN NIGERIA.

2.1 Introduction.

2.2 Meaning of Electronic Transactions.

2.3 History of Electronic Transactions in Nigeria.

2.4 Categories of Electronic Transactions in Operation in Nigeria.

2.5 Impacts of Electronic Transactions in Nigeria.

2.4 Challenges Facing Electronic Transactions in Nigeria.

2.5 Conclusion.

CHAPTER THREE: CRITICAL APPRAISAL OF THE NIGERIAN LAWS ON ELECTRONIC TRANSACTIONS.

3.1 Introduction.

3.2 Nigerian Laws.

3.2.1 Cyber crime (Prohibition, Prevention) Act,2015.

3.2.2 Criminal Code Act, Laws of the Federation of Nigeria, 2004.

3.2.3 Economic and Financial Crimes Commission Act, 2004.

3.2.3.1 Economic and Financial Crimes Commission.

3.2.4 Advance Fee Fraud and Related Offenses Act, 2006.

3.2.5 Money Laundering (Prohibition) Act, 2011.

3.2.6 Evidence Act, 2011.

3.2.7 Electronic Transactions Bill, 2017.

3.2.8 Consumer Protection Council Act,Laws of the Federation of Nigeria, 2004.

3.2.9 International Laws.

3.2.9.1 The UN Convention on the Use of Electronic Communications in International Contracts.

3.2.9.2 The UNCITRAL Model Law on Electronic Commerce.

3.2.9.3 The UNCITRAL Model Law on Electronic Signatures.

3.2.10 Comparative Analysis of the Nigerian Legal Framework on Electronic Transactions with Electronic Transaction Laws in the United Kingdom and Singapore.

3.2.11 Conclusion

CHAPTER FOUR: EVALUATION OF THE VACANCIES IN THE NIGERIAN LAWS ON ELECTRONIC TRANSACTIONS.

4.1 Introduction.

4.2 Privacy and Data Protection.

4.3 Security and Delivery of Goods and Services.

4.4 Formation of Contracts.

4.5 Duties and Rights of Service Providers and Consumers.

4.6 Safe Electronic Payment System.

4.7 Jurisdiction and Choice of Laws.

4.8 Conclusion.

CHAPTER FIVE: SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS

5.1 Summary of Findings.

5.2 Conclusion.

5.3 Recommendations.

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CRITICAL APPRAISAL OF THE NIGERIAN LAW ON ELECTRONIC TRANSACTIONS