Tuesday 21 January, 2020 could be described as black Tuesday as an Abuja District Judge ruled on the enforceability of the online terms and condition of a leading pan-Africa e-commerce platform popularly known as Jumia.
Jumia is a brand name for the Africa Internet Group (AIG), a subsidiary of Rocket Internet. They made their entry into Nigeria in May 2012 when they domesticated their business in the country by incorporating ECART Internet Services Nigeria Ltd.
In 2017, Mr. Jude Daniel (acti), the Managing Partner at Oceanic LP instituted an action to challenge the online shopping giant for refusing to accede to his request to return a mobile phone he purchased from www.jumia.com.ng for reason of defect.
Logically, if clicking on the terms and conditions of the defendant’s website is a condition precedent for any transaction and/or purchase of a product, it presupposes that there is practically no way that a customer can effectively transact or make purchase from the defendant online without first clicking unto the columns for terms and condition. In this instance, a purchaser cannot claim ignorance of such terms and conditions having had to first click on its column prior to any transaction. Such purchaser is deemed to be aware of such terms and conditions whether or not he read same for as long as he had the opportunity to so do but opted not to do so. Conversely, where a customer can easily make a purchase or engage in a transaction online with the defendant without having to first click on its terms and conditions it will be putting logic on its head to claim that such a customer is bound by the terms and conditions which were not apparent to him as at the time of transaction. HW, C.T. Ubani (Jude vs ECART Internet Services Nig. Ltd.)
The Plaintiff in Suit Number CV/53/2017 between Mr. Jude Daniel Odi vs ECART Internet Services Nigeria Ltd called several witnesses including an ICT expert in proof of his case of defect in the subject matter of the suit. Three staffs of Jumia including a delivery agent and two regional managers/hub-in-charges testified during trial.
On spotlight were evolving principles of technology law especially as it relates to click wrap and browse wrap contracts. Plaintiff had cited a couple of persuasive authorities and some Nigerian cases on contract to prove his case and entitlement to repudiation of the contract and award of cost and damages.
While it is uncertain if Jumia will appeal, this decision certainly opens a new chapter in the development of technology law in Nigeria, albeit there is one major challenge. The legal framework to facilitate electronic commerce in Nigeria still remains within the four walls of the National Assembly as the Electronic Transaction Bills, 2010, 2015 and 2017 never enjoyed a Presidential assent.