Nigeria’s National Digital Economy and e-Governance Bill

Sponsored by Senators Shuaib Afolabi Salisu and Hon. Adedeji Stanley Olajide of the Ogun state and Ibadan constituencies, the National Digital Economy and E-Governance Bill has been described as the pinnacle to transform the Nigerian digital sector.^[1] This bill is long-titled “A Bill for an Act to enable the growth of Digital Economy and digital governance in Nigeria by improving the certainty of digital transactions, digital service delivery, and matters related”.^[2]

As there is currently no specific law guiding Nigeria’s booming digital economy the bill proposes a comprehensive legal framework for Nigeria’s digital economy to address key issues surrounding electronic transactions, data protection, cybersecurity, and digital infrastructure in Nigeria. The bill is set to have nationwide implementation with engagement across all 36 states of the federation has gained stakeholder engagement in nationwide engagement, and is also supported by the World Bank Group’s Identification for Development (ID4D) Initiative.

The bill consists of 13 parts and some of its key provisions are highlighted below:

Its Scope and Application:  The Bill is designed to foster digital transformation, improve governance, and protect consumers in Nigeria’s digital economy. It applies to all digital activities in Nigeria from the activities of public institutions, private organizations, and individuals involved in electronic transactions^[3].

Validity of Electronic Transactions: The bill grants legal recognition to electronic records and signatures, ensuring they hold the same weight as traditional documents and can be used as evidence in legal proceedings.

Electronic Contracts and Signatures: Another innovation is the recognition of electronic contracts as legally binding and also it defines the conditions for valid electronic signatures and time stamps.

Digitalization of Government System and Infrastructure: It mandates the digitalization of government services and systems to improve efficiency and transparency, requiring the creation of ICT units in public institutions.

Consumer Protection: The Bill also provides for measures to protect consumers in digital transactions. This includes provisions like clear product information, data protection, cyber insurance, and online dispute resolution.

^[1] A draft of the National Digital Economy and E-Governance Bill<https://prjdg-unstruc.s3.ca-central-1.amazonaws.com/Others/News/f3a2992c-e8d3-4f0a-90ed-c0de63107300>

^[2] The Federal Ministry of Communications, Innovation & Digital Economy ‘Ministry Hosts National Digital Economy & e-Governance Bill Stakeholder Engagement in Lagos; Undertakes Wide Consultations Across 36 States & Abuja FCT” https://fmcide.gov.ng/ministry-hosts-national-digital-economy-e-governance-bill-stakeholder-engagement-in-lagos-undertakes-wide-consultations-across-36-states-abuja-fct/

^[3] Pavestones, «Transforming Nigeria’s Digital Landscape: Review of the National Digital Economy and e-Governance Bill, 2024”   (Afriwise)  <https://www.afriwise.com/blog/transforming-nigerias-digital-landscape-review-of-the-national-digital-economy-and-e-governance-bill-2024>