UNLOCKING THE POTENTIALS OF NIGERIA’S COMMERCIAL ENVIRONMENT THROUGH THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS 1980

Abstract

This paper proposes the ratification of United Nations Convention on Contracts for the International Sale
of Goods (CISG) 1980 in Nigeria. It analyses the success of the Convention, drawing analogy from
jurisdictions that have ratified the Convention and those that have not. The paper draws comparison
between the Sale of Goods Act 1893 (a statute of general application), being the extant principal law
governing sales transaction in Nigeria and the CISG 1980. It discusses the limitations, likely and
practicable obstacles to its application in the event of its ratification in Nigeria, and proffered possible
solutions to the obstacles and limitations. In carrying out this work, the paper reviewed a vast number of
literatures, cases and statutes, employing the doctrinal approach and the analytical technique. The paper
found that the Sale of Goods Act 1893 aside being obsolete, left much to be desired, as the Act does not
reflect the divergent legal system, and global nature of modern International sales transaction, hence
there is need to incorporate the CISG; a common sales code, (albeit the legislative magical wand) that
unifies the legal system of both civil and common law jurisdictions, and reflects the global, and modern
practices of international sales transaction into Nigeria's legal order. The researcher therefore
recommends that ratification of the convention in Nigeria is now of necessity considering the surging
increase in cross border trade and modernity of sales transaction among citizens of different nations.