Nigeria

1. Is there specific legislation in Nigeria ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?

There is legislation in Nigeria that provides for the use of electronic signatures and for the execution of documents, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation, and IDERAs. However, the relevant legislation does not specifically provide for the use of digital platforms; as a result of this, it is unclear whether the use of digital platforms is permissible in Nigeria.

2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?

Generally, the Evidence Act provides that an electronic signature satisfies the rule of law if it complies with a procedure in existence by which it is necessary for a person to proceed with a given transaction and complies with a security procedure, if any, for the purpose of verifying that the electronic signature was executed by such a person.

However, there is no specific requirement of completion with a cryptographic platform developed by any local institute of technology under Nigerian law. The Nigeria Civil Aviation Regulation provides that an electronic signature, or any other form of signature, should satisfy the requirement of being a unique identification used as a means of authenticating a record entry or record by an individual.

In addition, Section 84 () of the Evidence Act provides that for a statement in a computer-generated document to be admissible in court, the following conditions are required to be satisfied:

(a) that the document containing the statement was produced by the computer during a period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period, whether for profit or not by anybody, whether corporate or not, or by any individual; (b) that over that period, there was regularly supplied to the computer in the ordinary course of those activities information of the kind contained in the statement or of the kind from which the information so contained is derived; (c) that throughout the material part of that period, the computer was operating properly or, if not, that in any respect in which it was not operating properly or was out of operation during that part of that period was not such as to affect the production of the document or the accuracy of its contents; and (d) that the information contained in the statement reproduces or is derived from information supplied to the computer in the ordinary course of those activities.

3. Does the Aviation Authority in Nigeria use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?

The Nigeria Civil Aviation Authority (the “Aviation Authority”) maintains a register for aircraft documents. The Civil Aviation Act mandates the Aviation Authority to establish and maintain a national registry for the registration of civil aircraft and any interest or title thereof in Nigeria.

On the other hand, the Aviation Authority does not maintain an electronic register. It, however, keeps a computerized database through which it reflects relevant information in respect of aircraft.

4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Nigeria?

As indicated above, the Aviation Authority maintains a national registry which is in physical form. Copies of physical documents indicating any interest in an aircraft are registered by the Aviation Authority in the national registry. Details of such interest are further included directly by the Aviation Authority in a computerized database.

5. Do the courts of Nigeria consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?

As indicated in our response to Question 1 above, the courts will consider valid and enforceable documents executed by the use of an electronic signature. However, the relevant legislation does not specifically provide for the use of digital platforms. It is, therefore, uncertain whether the courts would enforce documents executed through such means.

6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Nigeria?

The relevant legislation in Nigeria does not permit for lawsuits, pleadings and procedural documents to be electronically uploaded to the national register.

7. Do the courts of Nigeria accept procedural documents executed digitally? Is there any specific certification required? Does Nigeria make any distinction between official digital signatures and private digital signatures?

The courts will consider valid and enforceable documents which have been executed through the use of an electronic signature. In determining the admissibility of any procedural document executed electronically, the conditions in Section 84 (2) of the Evidence Act are required to be satisfied.

Nigeria does not specifically make a distinction between official electronic signatures and private electronic signatures.

8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

Pursuant to the Evidence Act, the consent of a party to an electronic signature is not required to be expressly referred to in an agreement to make such an agreement valid. It suffices that the relevant party has appended its electronic signature to the document with the intention to be bound, and there were no elements of duress, deceit, or illegality, at the time of the execution.

However, the consent of an illiterate and blind person is required to be expressly stated in any agreement as having been obtained at the time of its execution. By virtue of section 119 of the Evidence Act, a jurat is required, stating in the document that the contents of the document have been read over to such a person and translated into a language that he/she understands, and such person appeared to have understood the same.

9. Can foreign entities not located in Nigeria execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Nigeria? Are there any other formalities required?

Foreign entities not located in Nigeria can execute lease agreements and finance documents with electronic signatures to be filed for registration with the Aviation Authority. Where such a document is sought to be admissible, the conditions stated in Section 84 (2) of the Evidence Act are required to be satisfied.

10. Does the Aviation Industry in Nigeria usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?

No, the Aviation Authority in Nigeria does not use digital tools, including blockchain technology, in respect of Aircraft Documents.

11. Are there any Notary or Apostille requirements in Nigeria? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?

There is no additional requirement for a document executed through the use of an electronic signature to be notarized or apostilled.