Developing an AI policy for Nigeria

By Felix Oladeji  Artificial Intelligence-based technologies are becoming increasingly integrated into the modern life of many Nigerians and there is need to consider the ways in which such technologies impact on the fundamental rights of Nigerians. From the initial design; to the sale of the technology to Nigerians (where applicable); and then its ultimate end […]

By Felix Oladeji 

Artificial Intelligence-based technologies are becoming increasingly integrated into the modern life of many Nigerians and there is need to consider the ways in which such technologies impact on the fundamental rights of Nigerians. From the initial design; to the sale of the technology to Nigerians (where applicable); and then its ultimate end use, there are several ways that the use of AI may advance or undermine human rights protections in Nigeria. 

Nigeria is set to produce its first national (AI) strategy. This strategy will activate Nigeria’s desire to transform the nation by using AI for sustainable development as well deploying the technology’s power to foster innovation, national productivity, and human welfare. Nigeria can be considered an AI champion on the African continent, being the first country in the region to institutionalise a National Centre for AI and Robotics (NCAIR); and the establishment of dedicated government institutions to foster a knowledge-based economy, and promoting the research and development of AI systems in Nigeria.  

Like the European Union’s General Data Protection Regulation (GDPR), Nigeria has its Nigeria Data Protection Regulation (NDPR) to provide a legal framework for the use and exchange of electronic data. The Regulation seeks to capture international best practices regarding safeguarding the rights of natural persons to data privacy; fostering safe conduct of transactions involving the exchange of personal data; preventing manipulation of personal data; ensuring that Nigerian businesses remain competitive in international trade through the safeguards afforded by a just and equitable legal regulatory framework on data protection; and, ensuring that the Nigerian data protection framework is consistent with global best practices. A Guidelines for the Management of Personal Data by Public Institutions in Nigeria was also introduced by the National Information Technology Development Agency (NITDA) in 2020.  

The goal of the AI policy is dual. To ensure AI’s numerous advantages for the economy and society, governments should, on the one hand, invest in its development and implementation. Governments can accomplish this by funding basic and applied research, the training of specialists in AI technologies, the development of digital infrastructure and related technologies, and initiatives that support the adoption and use of new AI technologies by both the public and private sectors. On the other hand, governments must also react to the societal and economic problems that the development of AI has created.  

Most importantly, there is currently no national policy specifically dedicated to regulating AI in Nigeria. However, NITDA is leading some work in this area through the NCAIR and other stakeholders. There are however several federal ministries, departments, and agencies in Nigeria whose work engages the use of AI or other new technologies. They include the Ministry of Communication and Digital Economy; the Federal Ministry of Science and Technology; National Board for Technology Incubation; National Information Technology Development Agency; National Office for Technology Acquisition and Promotion; and the Nigeria Communications Commission. Cross- River State, one of the country’s thirty-six states, has also established its Ministry of Robotics and AI.  

A National policy on AI is critical for the country and therefore it behooves the Nigerian government and other relevant stakeholders to think carefully about how this policy can be created to support an AI economy that will maintain standards like algorithmic accountability, data protection, explainability of decision-making by machine-learning models, and the protection of the citizens’ human rights from infringements, etc. The formulation of this AI policy requires an understanding of how AI and other related technology developments can be used to achieve Nigeria’s national goals and help solve a myriad of local problems ranging from food security to healthcare. Nigeria with its teeming youth population needs a policy that will manage the risks of potential job displacements and then conversely guide ways in which young people can participate in the new AI economy. 

Data is the fuel powering AI. Therefore, it is essential for the AI policy to support a standardised set of data-protection rules and address ethical concerns around the collection, holding and processing of citizens’ data. It is important to note that all data is in the past and is subject to change. Furthermore, there needs to be the deliberate promotion of mutual trust between the AI institutions and the Nigerians who are the data subjects and deserve to know how their data is collected, stored, processed, shared, and potentially deleted. Data privacy frameworks are important to peg some of the threats linked to the use of AI. And so, Nigeria’s AI policy could impose limitations on the type of data that may be inferred, used, and shared. For example, children’s data should require special protections. The special protection accorded to children within the EU’s GDPR; as well as UNICEF’s Policy Guidance on AI for Children are instructive here. Whilst the NDPR and the matching Guidelines from NITDA are progressive and commendable, they are largely insufficient in supporting Nigeria’s data governance and guaranteeing data privacy and protection in Nigeria. The NDPR will require periodic revisions, and more importantly, there is need for a comprehensive legislation that enforces a rights-centric data protection obligation for the benefit of Nigerians. Because the government is currently the largest data processor, Nigeria also needs an independent data ombudsman. The Data Protection Bill at the National Assembly proposes the establishment of a Data Protection Commission with enforceable powers, and a code of practice that ensures a rights-respecting data governance framework for Nigeria.  

Nigeria is one of the most technologically advanced countries in Africa but more than 90 per cent of the technological software used in the country is imported. It is important to note that most of the AI systems operating within Nigeria are adopted, imported, or hosted from abroad. It goes without saying that local AI systems need to be promoted and prioritized especially where needed for public purposes. However, as the government and other institutions are increasingly seeking to capture the opportunities offered by AI from other jurisdictions, there is the need to use procurement processes that focus not on prescribing a specific solution but rather on outlining problems and opportunities and allow room for iteration. Conditions for a level playing field among AI solution providers should include the interoperability of AI solutions which should also require open licensing terms to avoid vendor lock-in.  

Finally, a human rights impact assessment of every AI system needs to be carried out before its adoption into Nigeria. 

 

Oladeji wrote from Lagos