Section 17 Cybercrimes Act
Section 17 of the Nigerian Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 is about Electronic Signature. It is under Part III (Offences and Penalties) of the Act.
(1) Electronic Signature in respect of purchases of goods, and any other transactions shall be binding.
(2) Whenever the genuineness or otherwise of such signature is in question, the burden of proof, that the signature does not belong to the purported originator of such Electronic Signature shall be on the contender.
(3) A Person who, with the intent to defraud or misrepresent, forges through Electronic Devices another Person’s Signature or Company’s Mandate, commits an offence and is liable on conviction to imprisonment for a term of not more than 7 years or a fine of not more than N10,000,000.00 or both.
(4) The following transactions shall be excluded from the categories of contractual transactions or declarations that are valid by virtue of Electronic Signature except where they are legally verified in “Certified True Copies”:
(a) creation and execution of wills, codicils and other testamentary documents ;
(b) death certificate;
(c) birth certificate;
(d) matters of family law such as marriage, divorce, adoption and other related issues ;
(e) issuance of court orders, notices, official court documents such as affidavits, pleadings, motions and other related judicial documents and instruments ;
(f) a cancellation or termination of utility services;
(g) an instrument required to accompany any transportation or handling of dangerous materials either solid or liquid in nature; and
(h) any document ordering withdrawal of drugs, chemicals and any other material either on the ground that such items are fake, dangerous to the people or the environment or expired by any authority empowered to issue orders for withdrawal of such items.
