Authored By: Mmesomachukwu Cynthia Ndubueze-Nduka
University of Benin, Nigeria.
ABSTRACT
Nearly 70 years ago, a symposium at Dartmouth College launched the academic discipline of Artificial Intelligence (AI). The conference conveners proposed a project aimed at teaching robots to utilise language, build abstractions, solve human-like issues, and improve. A small group of scientists working together for a summer could make major progress on one or more of these problems.1 AI is a single instance of several technologies, and its hype and discussion have been preceded by a number of other innovations. There are many inventions in the history of technology that were hailed as revolutionary and that, in one way or another, changed our societies. Like other technologies, AI is ingrained in society and, as such, both influences and is influenced by the larger context in which it is created, developed, and used, both positively and negatively.
Naturally, as AI is applied and used in a wider range of fields, its societal effects become more apparent. This also explains the relatively recent rise in (academic and other) interest in AI ethics, which coincides with the technology’s growing adoption. All people benefit from these developments in terms of their personal and collective well-being. However, as we both shape technology and it changes us, it is crucial to consider how to make sure that this reciprocal shaping process upholds rather than compromises our political, moral, and legal values.2
INTRODUCTION
Nigeria’s tech economy is rapidly expanding, driven by advancements in internet and mobile technologies, leading to increased adoption of AI in daily life. During the 2020 lockdown, individuals and institutions, including the judiciary, shifted to remote labour and online meetings. The Chief Justice of Nigeria and other court officials established guidelines and practice directions for virtual court proceedings.3
In the legal field, Artificial intelligence (AI) tools are now able to help with legal research, case prediction, and document automation. Nigeria’s judicial system benefits greatly from these AI solutions since they increase access to justice, expedite case processing to cut down on delays, and increase the consistency of court decisions, which makes it simpler to forecast legal outcomes. The enormous advantages that artificial intelligence (AI) has to offer extend to other industries, including finance, healthcare, education, and agriculture. Mobile phones now come with facial recognition software, and chatbots driven by AI are used for customer support. Without a doubt, artificial intelligence is changing society all over the world, and Nigeria merely needs to join this innovative trend.
Remarkably, the National Centre for Artificial Intelligence and Robotics (NCAIR) and Nigeria’s National Information Technology Development Agency (NITDA) are leading the country’s AI research and development. The Nigerian constitution’s Section 18(2), which lists “the promotion of science and technology” as one of the Fundamental Objectives and Directive Principles of State Policies, is in line with these programs.4
ETHICAL CONSIDERATIONS OF ARTIFICIAL INTELLIGENCE
As technology advances rapidly, ethical considerations are increasingly important in developing and deploying AI and digital transformation programs. The rapid adoption of AI and digital technologies in Nigeria has significant promise for economic growth, societal progress, and better quality of life. However, integrating these technologies presents ethical challenges that need to be addressed for responsible and equitable use.5 An excellent example is the 2019 Nigerian presidential election, deepfake films and audio were allegedly used to propagate misinformation and fake news against Atiku and Okowa. The incident highlights the susceptibility of political processes to AI-powered disinformation campaigns.6
The biggest ethical consideration is bias, AI technology relies on algorithms to analyze vast amounts of data and uncover trends. If the data it draws from is biased, the results it produces will also be biased. Along with bias, AI can also create issues around accuracy, privacy, responsibility and accountability.7 Developing ethical rules for AI and digital transformation requires defining concepts of fairness, accountability, openness, and inclusivity.8 These principles are critical for resolving potential biases and inequality in AI systems. For example, AI algorithms educated on biassed data might maintain and even amplify existing socioeconomic imbalances. Ethical principles should consequently include extensive testing and validation of AI systems in order to uncover and reduce biases, guaranteeing that these technologies support social justice and equality.9
LEGAL FRAMEWORK OF ARTIFICIAL INTELLIGENCE IN NIGERIA
AI relies heavily on personal data, which raises concerns about data collecting, storage, and exploitation. While Section 37 of the Constitution protects privacy, it lacks specific protections for AI-related issues.10 Under these circumstances, the Nigerian National Assembly has stated its confidence that creating a legal framework for AI governance is one of its areas of interest.11 Although Nigeria currently lacks a comprehensive, standalone legislation specifically governing artificial intelligence (AI), various existing legal frameworks collectively address the diverse concerns and implications associated with AI technologies.
The Nigerian Data Protection Act12 The Nigerian Data Protection Act offers a thorough legal framework for safeguarding private data in Nigeria. In order to protect privacy and guarantee openness in data management, the Act attempts to control the processing of personal data. It lays up rules for data controllers and processors regarding the appropriate gathering, handling, and archiving of personal data. The NDPA also highlights people’s rights with relation to their personal data, guaranteeing that it is handled securely and equitably. Nigeria currently lacks a strong regulatory framework tailored to AI governance, even with this well-established framework for data security.
In order to direct the nation’s development and application of AI, Nigeria released its National Artificial Intelligence Strategy in August 2024.13 The Lagos Business School, Data Science Nigeria, the NITDA, and the NCC are among the key stakeholders that contribute to this initiative, which is led by the Federal Ministry of Communication, Innovation, and Digital Economy (FMCIDE). This action plan lays forth a thorough strategy that is informed by a vision of ethics, inclusion, and environmental ideals. Its primary objectives are technological innovation, global leadership in the AI sector, and AI-enabled economic growth. AI applications in governance, agriculture, education, and health are all part of the agenda. The implementation plan lists possible hazards, such as ethical and data privacy concerns, and offers solutions to reduce them. It also describes how the public and private sectors can collaborate.
The Cybercrimes (Prohibition, Prevention etc) (Amendment) Act 202414 also provide some modicum of regulation. Artificial intelligence-driven developments have unintentionally expanded the scope of cybercrime. For example, AI can be employed in considerably more intricate phishing attempts, automating malware deployment, or generating convincing deepfakes, all of which are expected to increase the already worrying rates of cybercrime in Nigeria.15 The Cybercrimes Act is Nigeria’s most comprehensive law addressing computer-related crimes. It punishes different crimes such as identity theft, cyberattacks, fraud, and unauthorised access to computer systems. However, while the Act is significant, it does not yet include provisions for AI. The Act does not address the use of machine learning algorithms to circumvent standard security measures or computer hackers using AI vulnerabilities to compromise sensitive financial data or launch cyberattacks against bank networks.
CONCLUSION
Artificial Intelligence (AI) holds immense transformative potential across Nigeria’s sectors, including the legal, financial, agricultural, and healthcare industries. While the benefits are clear— enhanced efficiency, accessibility, and innovation—the ethical and legal implications of AI use cannot be ignored. Issues such as data privacy, algorithmic bias, and the weaponization of AI in cybercrime and misinformation campaigns present serious challenges. Currently, Nigeria’s regulatory landscape comprises a patchwork of laws, such as the Data Protection Act and the Cybercrimes Act, which provide partial coverage of AI-related concerns. However, the absence of a unified and AI-specific legal framework limits the nation’s ability to address these challenges proactively and comprehensively.
To ensure the ethical and responsible development of AI in Nigeria, there is an urgent need for the enactment of a dedicated AI legislation that harmonizes existing laws and sets clear standards for AI governance. Such a framework should incorporate ethical principles including transparency, accountability, inclusivity, and fairness, while also addressing sector-specific concerns such as algorithmic discrimination and data misuse. Moreover, collaboration between the public and private sectors—anchored on continuous stakeholder engagement—will be critical in shaping policies that not only encourage innovation but also protect individual rights and societal values.
Reference(S):
1 N. A Smuha, ‘An Introduction to the Law, Ethics and Policy of Artificial Intelligence’ The Cambridge Handbook of the Law, Ethics and Policy of Artificial Intelligence (Cambridge University Press, 2025)
2ibid
3 P A Akhihiero, ‘Virtual Court Hearings: Towards a Purposive Interpretation of Statutes’ < https://edojudiciary.gov.ng/wp-content/uploads/2020/06/VIRTUAL-COURT-HEARINGSTOWARDS-A PURPOSIVE-INTERPRETATION-OF-STATUTES.pdf > Available at accessed 28 May 2025.
4 Constitution of the Federal Republic of Nigeria 1999 (as amended) Cap. C23 Laws of the Federation of Nigeria 2004 (CFRN) 1999, s 18(2).
5 R.A Shitu et al, ‘Ethics in Technology: Developing Ethical Guidelines for AI and Digital Transformation in Nigeria’ (2024) International Journal of multidisciplinary Research and Growth Evaluation (5) 1 1260-1271
6 D Lawal, ‘Fact-Check: How Deepfake Audio Was Used to Frame Atiku, Okowa, Others in 2023 Elections’ (24 February 2023) Available at < https://prnigeria.com/2023/02/24/atiku-okowa-election/ > accessed 28 May 2025.
7 Clio, ‘AI and Law: What are the Ethical Considerations?’ < https://www.clio.com/resources/ai-for-lawyers/ethics ai-law/ > Accessed 28 May 2025.
8 S Kaggwa, TF Eleogu, F Okonkwo, ‘AI in Decision Making: Transforming Business Strategies’ International Journal of Research and Scientific Innovation (2024) (10) 12 423-444
9 R.A Shitu et al, ‘Ethics in Technology: Developing Ethical Guidelines for AI and Digital Transformation in Nigeria’ (2024) International Journal of multidisciplinary Research and Growth Evaluation (5) 1 1260- 1271
10 S. 37 CFRN 1999
11 A Akinwale, “ Abbas: N’Assembly Planning Law to Regulate Ai in Nigeria’ THISDAY (Abuja, 2024) < https://www.thisdaylive.com/2024/04/23/abbas-nassembly-planning-law-to-regulate-ai-in-nigeria/ > Accessed 28 May 2025
12 Nigerian Data Protection Act No. 37 2023.
13 National Artificial Intelligence Strategy (August 2024) < https://ncair.nitda.gov.ng/wp content/uploads/2024/08/National-AI-Strategy_01082024-copy.pdf > accessed 13 October 2024.
14 Cybercrimes (Prohibition, Prevention etc) (Amendment) Act 2024
15 Integrity and Compliance Monitoring , ‘Cybersecurity in the Age of AI: Exploring AI-Generated Cyber Attacks’ (2024) < https://www.tripwire.com/state-of-security/cybersecurity-age-ai-exploring-ai-generated-cyber-attacks > Accessed 28 May 2025
