Guide / Guide · E-signatures
Electronic signatures in Ghana: what Act 772 allows, and what still needs wet ink
Ghana has recognised electronic records and signatures since the Electronic Transactions Act, 2008 (Act 772). But the Act does not apply to everything a law firm signs. Here is what it says, section by section, and how to run signing safely in practice.
Are electronic signatures legal in Ghana?
Yes, for most documents. The Electronic Transactions Act, 2008 (Act 772) lets an electronic signature satisfy a legal signature requirement and stops courts refusing electronic records as evidence. Section 4 excludes nine categories, including wills, powers of attorney, trusts, land sale or conveyance contracts, and sworn affidavits, which still need wet ink.
What does Act 772 recognise?
| Section | What it says, in short |
|---|---|
| s.5: Writing | Where a law requires writing, an electronic form satisfies it if the information is accessible and can be retained for later reference. |
| s.6: Originals | An electronic record satisfies a requirement for an original if there is reliable assurance of its integrity (that it has stayed complete and unaltered) and it can be displayed. |
| s.7: Evidence | An electronic record may not be denied admissibility as evidence. Its weight depends on how reliably it was generated, stored and communicated, how its integrity was maintained, and how its originator was identified. |
| s.10: Signatures | Where a law requires a signature, a digital signature satisfies it. It is treated as authentic if it is linked to the signatory, was under the signatory’s control when signing, and any later alteration is detectable. |
| s.12: Signing a record | A person may sign by a personal digital signature or any other recognised, secure and verifiable method agreed by the parties or accepted by the industry as safe and reliable. |
| s.15: Notarisation | Where a law requires notarisation, acknowledgement, verification or an oath, the electronic signature of the person authorised to perform that act on an electronic record can satisfy it. |
Two practical lessons follow from sections 7 and 10. First, integrity matters: a record whose later alteration is detectable carries more weight. Second, identity matters: you should be able to show how the signer was identified and that the signature was under their control.
Which documents can’t be signed electronically in Ghana?
Section 4 provides that the Act does not apply to:
- (a) a negotiable instrument as defined in the Bills of Exchange Act, 1961 (Act 55);
- (b) the grant of a power of attorney under the Powers of Attorney Act, 1998 (Act 549);
- (c) a trust as defined in the Trustees Incorporation Act, 1962 (Act 106);
- (d) a will as defined in the Wills Act, 1971 (Act 360);
- (e) a contract for the sale or conveyance of immovable property or any interest in immovable property;
- (f) bills of lading;
- (g) documents required for the registration of a company, partnership or sole proprietorship;
- (h) the swearing of affidavits or statutory declarations before a Commissioner for Oaths or Notary Public; and
- (i) any class of documents or transactions notified by Gazette.
Can land be conveyed electronically under the Land Act, 2020?
The Land Act, 2020 (Act 1036) introduced a framework for electronic conveyancing, under which electronic signatures on a conveyance must be certified in line with Act 772. In practice it depends on the Lands Commission’s electronic system and implementing regulations. Until your transaction can go through that system, treat land conveyances as wet-ink documents, as section 4(e) contemplates.
Can a will be signed electronically in Ghana?
Wills are excluded by section 4(d), so the Wills Act, 1971 (Act 360) formalities apply in full: the testator signs in the presence of two witnesses present at the same time, who attest the will. Use witnesses who take no benefit under the will, and record their identities carefully: gifts to attesting witnesses can fail.
How should a law firm manage signing?
- Classify every document. Record the document type before it goes for signature, and block e-signature for the section 4 categories automatically rather than relying on memory.
- Identify signers properly. Send signing links to verified contacts, and for higher-risk instruments verify identity first (for example with an ID and liveness check).
- Make tampering detectable. Seal the executed document with a cryptographic fingerprint and keep an audit trail of who signed, when and how: the evidence section 7 and section 10 look for.
- Run wet ink as a tracked process. For excluded documents, print an execution pack, record witnesses and the Commissioner or Notary, store the scan with a fingerprint, and track the follow-up steps such as stamp duty and registration.
Asem Legal builds this policy in: excluded documents can’t be sent for e-signature and go to a tracked wet-ink workflow instead.
Frequently asked questions
Is a scanned signature an electronic signature in Ghana?
Act 772 is technology-neutral: section 12 allows any recognised, secure and verifiable method agreed by the parties. A pasted image alone is weak evidence of who signed, so pair it with identity checks and a tamper-evident audit trail.
Can a power of attorney be signed electronically in Ghana?
No. The grant of a power of attorney under the Powers of Attorney Act, 1998 (Act 549) is excluded by section 4(b) of Act 772.
Can affidavits be signed electronically?
Section 4(h) excludes the swearing of affidavits and statutory declarations before a Commissioner for Oaths or Notary Public, so these remain wet-ink processes.
Are e-signed contracts admissible in Ghanaian courts?
Yes. Under section 7 an electronic record may not be denied admissibility; the court weighs its reliability, integrity and how the originator was identified.
Sources
- Electronic Transactions Act, 2008 (Act 772), National Information Technology Agency
- Electronic Transactions Act, 2008, GhaLII
- The emergence of electronic conveyancing in Ghana, ENSafrica
This guide is general information for law firms, not legal advice. Laws and regulator guidance change: check the current text of each instrument and the regulator's latest notices before relying on it.
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