Imperative of national governance framework for artificial intelligence

The National Commissioner of the Nigeria Data Protection Commission (NDPC), Dr. Vincent Olatunji,

While AI is creating new opportunities in finance, technology, governance, media, public service and other sectors, there are concerns over accountability, data privacy, credit decisions and human oversight. AMEH OCHOJILA reports that the increasing use of AI has raised the need for a comprehensive national framework.

Nigeria, as Africa’s largest economy, like its counterparts around the world, is experiencing the impact of Artificial Intelligence (AI). From the judiciary to financial technology platforms, automated customer service systems, digital journalism tools, educational applications and public sector initiatives, there is an increasing reliance on artificial intelligence. As a result, AI is gradually becoming part of everyday life.

However, while the growth of AI presents significant opportunities, it also creates complex challenges, partly due to its rapid pace of technological development, leaving innovation often ahead of the laws and policies designed to regulate it.

Consequently, concerns have emerged around accountability, transparency, privacy, intellectual property protection and the safeguarding of citizens’ rights.

For Nigeria, therefore, the discussion on artificial intelligence must move beyond adoption and focus on responsible governance. 

For some experts, the central question is how the country can develop a legal or regulatory framework that encourages innovation while ensuring that AI systems are deployed ethically, transparently and in a manner that protects the public interest.

Although these systems can enhance efficiency and improve service delivery, they also create risks when deployed without proper oversight. In Nigeria’s financial sector, for instance, AI-driven systems are increasingly influencing access to credit and other financial services. 

Automated assessments may determine whether individuals qualify for loans or business opportunities. While this can promote financial inclusion, it also raises concerns when citizens are denied access to services based on decisions made by systems they neither understand nor can challenge.

This situation raises fundamental questions of fairness and accountability. If an AI system produces a discriminatory or harmful outcome, who should bear responsibility? Should liability rest with the developer, the organisation deploying the system, or another responsible entity? These questions require clear answers through effective regulation.

Artificial intelligence should not operate through invisible decision-making processes that directly affect citizens. There must be mechanisms that guarantee human oversight and enable individuals to seek explanations, request reviews, and challenge decisions that affect their rights.

Closely connected to regulation is the issue of disclosure. Nigerians have a right to know when they are interacting with artificial intelligence or when AI is being used to make decisions affecting them. Transparency is essential for building public confidence in emerging technologies.

Other experts pointed out that where a citizen communicates with an AI-powered platform rather than a human representative, such use should be disclosed. Similarly, where organisations use AI to evaluate applications, analyse personal information or make recommendations, individuals should be informed about the role artificial intelligence plays in the process.

This is particularly important, according to Achi Joseph, an AI researcher with Mike Achi & Co. (Chartered Accountants). This, he said, is because data has become one of the most valuable resources in the digital economy. 

According to him, the effectiveness of AI depends largely on the collection and processing of personal information. Without adequate safeguards, there is a risk of misuse, unauthorised access and exploitation of citizens’ data.

The expert noted that although Nigeria has strengthened data protection through institutions such as the Nigeria Data Protection Commission (NDPC), the growing influence of AI requires additional measures that would address automated decision-making, algorithmic transparency and accountability. 

He cautioned that citizens should not lose control over their personal information simply because technology has become more advanced.

Another emerging concern is the issue of credit and recognition in the age of artificial intelligence. As AI becomes capable of producing articles, images, research materials, music and other creative works, questions about ownership, originality and human contribution have become increasingly important.

This issue is particularly significant for Nigeria’s media and creative industries. Victor Idajili, a journalist and development expert at the Socio-Economic Research and Development Centre, agree that AI can support journalists, researchers and content creators by improving speed and productivity.

He, however, added that it must not diminish the value of human creativity, professional judgment and ethical responsibility. “Any work produced with AI assistance still requires human verification and accountability,” he stated. 

The same principle applies to academic and creative fields. He added that there must be clear standards on how AI-generated materials are credited and how human contributions are recognised. 

According to him, without proper guidelines, there is a danger that human effort may be overlooked while machine-generated content receives inappropriate recognition.

“Credit attribution is therefore not merely about recognition; it is also about responsibility. The individual or organisation using AI must remain accountable for the outcome. Technology should enhance human capability, not eliminate human responsibility.

“Beyond regulation, disclosure and attribution, Nigeria urgently requires a comprehensive national artificial intelligence framework. Without a clear national strategy, the country risks becoming dependent on foreign technologies without sufficient control over how they are developed and applied,” he said.

A national AI framework, he noted, would establish standards for ethical innovation, data protection, security, transparency and accountability, he noted, adding that it would also guide government agencies, businesses, researchers and citizens on their responsibilities in the evolving digital environment.

Such a framework must reflect Nigeria’s unique realities. It should encourage local innovation and support the development of home-grown AI solutions capable of addressing national challenges. 

Artificial intelligence has the potential to improve healthcare delivery, strengthen education, support agriculture, enhance public administration and create new economic opportunities.
However, these benefits can only be achieved if public trust remains at the centre of AI adoption. 

Citizens must have confidence that technology is being used to improve their lives rather than expose them to discrimination, exploitation or unfair treatment.

A legal practitioner, Dr Olumide Babalola, said the growing adoption of artificial intelligence across sectors in Nigeria presents both immense opportunities and significant governance challenges.

According to him, as AI increasingly influences access to credit, employment, media content and public services, government policy must strike a balance between encouraging innovation and protecting citizens’ rights. 

He argued that regulation should not be viewed as a barrier to technological development but as a means of promoting responsible innovation, transparency, accountability and human oversight. Babalola noted that Nigeria has already taken important steps through the Nigeria Data Protection Act (NDPA) 2023, which recognises risks associated with automated decision-making. 

Babalola, a tech lawyer, explained that the law provides safeguards against decisions based solely on automated processing where such decisions produce legal or similarly significant effects.

He added that where AI systems are used in areas such as loans, employment or access to public services, affected individuals should have the opportunity to seek human review and challenge outcomes.

The lawyer further pointed to the National Artificial Intelligence Strategy (2025–2029) as another important step towards developing AI in a manner that is ethical, inclusive and aligned with national development objectives.

According to him, organisations deploying AI systems in high-impact sectors should be required to inform individuals when such systems are being used, explain decisions in clear terms and provide accessible channels for human review.

He also emphasised the importance of regular assessments of high-risk AI systems to identify possible bias, privacy concerns and discriminatory outcomes before and during deployment.
In sectors such as finance, employment, media and public administration, Babalola maintained that human oversight must remain central. While AI may assist decision-making, responsibility for consequential decisions should ultimately rest with identifiable individuals or institutions.

Therefore, Nigeria’s objective should be to build public trust by ensuring that technological advancement develops alongside transparency, fairness, data protection and accountability. 
Artificial intelligence presents a powerful opportunity, but without responsible governance, it can also create serious risks. Nigeria is therefore at a defining moment in its digital transformation. The decisions taken today will determine whether AI becomes a tool for national development or a source of new challenges. 

Babalola insists that a strong national AI governance framework built on disclosure, accountability and respect for human rights is essential for the country to benefit from the future of technology.

On his part, Deputy Vice-Chancellor (Administration), Igbinedion University, Okada, Prof. Osaretin George Izevbuwa, argued that Nigeria must adopt a balanced and phased legal framework for AI that encourages technological advancement while protecting citizens’ fundamental rights.

In a recent paper presentation titled, ‘Between Innovation and Accountability: Designing a Balanced Legal Framework for Artificial Intelligence in Nigeria: A Comparative Constitutional and Regulatory Analysis’, Izevbuwa argued that Nigeria is at a critical stage where AI is rapidly transforming sectors such as fintech, agriculture, healthcare and public administration.

He noted that while AI presents significant economic opportunities, uncontrolled deployment could threaten privacy, dignity, equality and due process.

Izevbuwa, a Professor of Comparative Criminal Law, said Nigeria requires a “risk-based, constitutionally anchored hybrid framework” that combines existing laws, regulatory guidelines, and targeted AI legislation, among others. 

He identified the Nigeria Data Protection Act (NDPA) 2023 and the National Artificial Intelligence Strategy (NAIS) as key foundations for Nigeria’s emerging AI governance architecture.

According to him, constitutional protections under Sections 34, 36, 37, 39 and 42 of the 1999 Constitution (as altered) provide safeguards against possible abuses arising from AI-powered surveillance, automated decision-making, discrimination and harmful digital content.

The legal expert explained that the NDPA already provides important tools for AI accountability through provisions on transparency, lawful data processing, impact assessments and restrictions on decisions based solely on automated processing.

He warned that Nigeria’s AI journey must take into account challenges, including weak infrastructure, limited research investment, a shortage of skilled professionals and the danger of adopting foreign AI systems that do not reflect local realities.

Comparing global approaches, Prof Izevbuwa examined regulatory models from the European Union, the United Kingdom, the United States, China, Singapore, Canada, Brazil, and the African Union, emphasising that Nigeria should not copy any foreign framework wholesale.

He recommended that Nigeria should immediately strengthen soft-law measures, including AI governance guidelines, and cooperation among relevant agencies such as the Nigeria Data Protection Commission, the National Information Technology Development Agency, the Central Bank of Nigeria, and the Securities and Exchange Commission.

In the medium term, he proposed establishing an independent AI governance body with clear statutory authority, while cautioning that a comprehensive AI law should be enacted only when regulatory capacity is sufficiently developed.

“Both excessive regulation and unrestricted innovation carry risks. Nigeria’s best option is an adaptive framework that promotes innovation while ensuring accountability,” he stated.
He added that decisions taken now would determine Nigeria’s digital future, urging policymakers to build an AI ecosystem that protects privacy, human dignity, fairness and democratic values.

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