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34 J.L. Pol'y & Globalization 5 (2015)
The Relevance of Electronic Signatures in Electronic Transactions: An Analysis of Legal Framework

handle is hein.journals/jawpglob34 and id is 8 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.34, 2015 liSl The Relevance of Electronic Signatures in Electronic Transactions: An Anlysis of Legal Framework Mu'azu Abdullahi Saulawa* Junaidu Bello Marshal 2 1.Faculty of Law, Umaru Musa Yar'adua University, P.M.B. 2218. Katsina State, Nigeria 2. Faculty of Law, Usmanu Danfodiyo University, P. M. B 2486. Sokoto State, Nigeria * Email- muazu.abdullahis tfgmail.com Abstract The paper focuses on the legal framework on electronic signatures in electronic transactions with a view to analyze the extent to which electronic signature techniques can be relied upon in electronic transactions. The impact of Information and Communication Technology (ICT) signifies the relevance of electronic signatures. Electronic signatures are a key instrument in a document enabling electronic transactions-providing that assurance of data validity. The electronic signatures act as a legal attestation of the authenticity of that document with equivalent to handwritten signatures. The obstacle presented in the electronic transaction is the security factor which has been the major setback as the rate of crime increases in the Nigerian cyberspace. The paper further examined the relevancy of electronic signatures in electronic transactions in line with relevant laws at both international and domestic sphere. The paper adopted doctrinal research method approach wherein the relevant data collected was analyzed and the findings brought out. The findings of the paper made a layout in establishing an appropriate flexibility in the set of basic legal rule of conduct for the parties that may become involved in the use of electronic signatures and recommends that the full implementation and enforcement of electronic transaction so as to assist and shape more in harmonizing the laws and financial transaction practices in the cyberspace. Keywords:Electronic Transaction, Electronic Signatures, Cyber Space, Legal Framework 1. Introduction The paper focuses on the legal framework on electronic signatures in electronic transactions with a view to analyze the extent to which electronic signature techniques can be relied upon in electronic transactions legally. The integration of internet into our lives has transformed the ways and manner we transact, communicate and even live. The internet has revolutionized the setting of our lives to the extent that a person might even choose to stay home/indoors for days while transacting with the outside world. The essence of electronic transaction is achieved through electronic messages and other documents requiring signature which can be effectively applied in the electronic message where parties agreed to such transactions by electronic means. The application of electronic signatures is usually through the use of ICT. 2. Definition of Internet Internet is regarded an international computer network connecting other networks and computers from companies, universities1 etc. Internet was defined in a sound and academic definition as '... network of computers that are globally interconnected. It has three characteristics-random transmission of data; ability to break down data during transit; and the capacity to reconstitute data at the point of receipt.'2 The analytical point is that, the definition has broken down the channel of operation of information technology. ICT is the process of utilizing technology to communicate information in text, graphics, audio, video or any format of combining these processes. ' ICT encompasses all forms of technology used to create stored exchange and use information in its various forms (business data, device, conversation, still images, motion pictures, multimedia presentations and other form including not yet conceived).' Nigeria engagement into ICT is quite late, but has been able to recap or match with some of the technological development. The level of transactions and used of cyberspace indicates that ICT in Nigeria is rapidly growing. ICT constitute a viable tool for socio-economic development where businesses and individuals communicate from different parts of the world. The impact and changes in the business practices and communication is a remarkable achievement, in addition to the promotion of local products in international markets, facilitating access to market information for competitive prices for locally produced crafts, clothing and 1 A. S. Homby, Oxford Advanced Learner's Dictionary of Current English 6th Edition, Oxford University press 2001, p. 627. 2 M. L. Ahmadu, 'Information Technology and Legislative Processes in Nigeria', in M. L. Ahmadu (ed) Legal Prisms: Directions in Nigerian Law and Practice, Usmanu Danfodiyo University Press, Sokoto, 2012, P. 2. I Ibid. 4 Section 34 of National Information Technology Development Agency Act (NITDA) 2007. Journal of Law, Policy and Globalization wwwLiisteorg9

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