The National Digital Economy and E-Governance Act, 2024 (Draft), stands as a pivotal legal framework intended to propel the digital transformation of Nigeria's economic and governance landscapes. This comprehensive document aims to streamline electronic transactions, bolster digital government services, and safeguard the integrity and security of all digital interactions. During its unveiling, Bosun Tijani, the Minister of Communications, Innovation and Digital Economy, emphasized that the document is still a draft and will undergo a nationwide consultation process to ensure broad input, understanding, and to highlight its potential benefits for the growth of the digital economy.

The draft Act introduces a robust legal foundation for the recognition and enforcement of electronic transactions. A significant strength is its comprehensive coverage, ensuring that electronic communications and records are legally valid and enforceable. For instance, Part I (1) explicitly states, "An electronic communication shall not be denied legal effect, validity, admissibility, or enforceability solely on the ground that it is rendered or made available in electronic form." This provision is crucial for eliminating ambiguity, thereby fostering a secure environment for e-commerce and various digital contracts.

Furthermore, the Act directly addresses the formation and validity of electronic contracts. Part II (11) affirms that "a declaration of intent or other statement shall not be denied legal effect, validity or enforceability on the ground that it is in the form of an electronic communication," effectively removing traditional barriers and encouraging greater confidence in digital agreements for businesses and individuals alike. Complementing this, the Act acknowledges the critical role of electronic signatures and time stamps in verifying the authenticity and timing of digital communications. Part III (19) allows parties to agree on specific methods for electronic signatures, while Part IV (22, 1) ensures that electronic time stamps hold legal effect and admissibility as evidence, significantly enhancing the security and reliability of digital transactions.

Consumer protection is another cornerstone of the draft Act. Part VII (36) mandates vendors to provide clear, accurate, and conspicuously displayed information about products and services, presented in an understandable language, enabling informed consumer decisions. This information must be capable of being saved or printed. Additionally, Section 37 empowers consumers with the right to cancel contracts before processing, offering a vital safeguard against potentially fraudulent or misleading transactions. The Act also includes robust provisions for the protection of consumer data, as detailed in Section 38, which requires service providers and vendors to ensure the confidentiality of personal information, except with consent or legal demand, and to make their privacy policies publicly and easily accessible.

In terms of digital governance, the Act actively promotes the digitisation of public services. Part VIII (44) mandates that public institutions can carry out functions such as filing documents, obtaining information, issuing permits, licenses, or approvals, and receiving payments in electronic form. This provision is designed to enhance efficiency, transparency, and accessibility of government services, making them more user-friendly for citizens. While the Act imposes obligations on both businesses and government agencies, it also outlines penalties for non-compliance. Part XII, 61 (1) states that "any person or corporate body who contravenes or fails to comply with the provisions of the Act commits an offence," with specific fines for corporate bodies, such as not less than ₦10,000,000.00 as per 61 (2, c).

Despite its many strengths, the National Digital Economy and E-Governance Act, 2024, faces potential weaknesses, primarily concerning implementation challenges, particularly for digital government initiatives. Section 50 mandates public institutions to comply with electronic data management regulations, which could prove difficult for regions with limited technological infrastructure, resources, or adequate support. Such disparities could lead to variations in the quality and accessibility of digital government services across the nation.

The potential use cases for this Act are extensive and transformative. It provides a solid legal foundation for e-commerce and online business, enabling secure and efficient digital transactions crucial for startups and SMEs. For digital government services, it supports the streamlining of online applications for permits, licenses, and benefits, enhancing overall government efficiency and transparency. Furthermore, the Act facilitates cross-border transactions through the recognition of foreign electronic signatures and transferable records, thereby promoting international trade and cooperation. In legal and judicial proceedings, Section 9 of Part I ensures the admissibility of electronic records and signatures, modernizing court processes and expediting dispute resolution. Lastly, it significantly enhances consumer rights and protection in electronic commerce, fostering greater trust and confidence in digital markets.

In conclusion, the National Digital Economy and E-Governance Act, 2024, represents a monumental stride towards modernizing Nigeria's economy and governance. Its comprehensive legal framework for digital interactions, electronic contracts, consumer protection, and government digitisation lays a strong foundation. While acknowledging potential implementation hurdles, particularly in infrastructure-deficient areas, the Act's overall impact is poised to drive significant advancements in the nation's digital landscape.