We currently have no binding, AI-specific statute. While the Nigeria Data Protection Act 2023 exists, it governs what happens to data, not what complex AI systems do with it. Algorithmic profiling, automated bias, and discriminatory outcomes largely fall outside its enforcement scope. This gap persists despite Nigeria Deposit Insurance Corporation’s explicitly flagging of algorithmic bias as a material risk to financial stability.
Artificial Intelligence (AI) is no longer a distant policy debate or a futuristic tech fantasy in Nigeria, as It is already shaping nearly every sector of national life. In finance, banks and fintechs use AI for customer service, fraud detection, credit scoring, compliance monitoring and digital lending. In healthcare, AI tools support telemedicine, medical imaging, diagnostics, patient management and local medical innovation. In agriculture, farmers and agritech firms rely on AI for crop analysis, agronomic advice, weather-informed planning, drone-enabled monitoring and productivity improvements. In education, AI is being adopted for personalised learning, skills training, tutoring support and classroom innovation.
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Across telecommunications, e-commerce, manufacturing, public administration, security, energy and transport, automated systems increasingly influence how services are delivered, risks are assessed, citizens are profiled and decisions are made. AI is therefore no longer confined to laboratories or start-ups; it is becoming an administrative, commercial and social infrastructure across Nigeria, advancing faster than our governance architecture can respond.
Yet, as detailed in the recent policy paper by the Center for Fiscal Transparency and Public Integrity, Policy Article on Artificial Intelligence Governance Framework in Nigeria, the rapid deployment is occurring in a complete legal vacuum. Nigeria has plenty of digital ambitions, climbing 31 places in the global Government AI Readiness Index and currently drafting a comprehensive National Artificial Intelligence Strategy. But a strategy without a legal framework leaves citizens exposed to the danger of powerful automated systems.
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The Lived Realities of Unregulated Tech
The absence of binding AI legislation is bound to cause immeasurable and escalating harm across our society.
First, we are witnessing a surge in AI-enabled financial fraud. Highly convincing deepfake videos and audio recordings of prominent business leaders are being circulated to lure unsuspecting citizens into devastating financial scams. Second, AI-driven misinformation is being engineered at an unprecedented scale, threatening to become a force multiplier of instability in our fragile information environment, where false narratives historically fuel communal and electoral tensions.
Perhaps most disturbing is the rise of gender-based digital abuse. Evidence shows generative AI tools on platforms like X (formerly Twitter) are being used to manipulate real photographs of women into non-consensual sexualised images. When victims seek justice, tech platforms routinely deflect responsibility. Also, in digitally marginalised rural communities, vulnerable populations are being exploited by applications that incentivise the unauthorised filming and uploading of individuals for monetisation.
When technology advances this fast without safeguards, it ceases to be neutral; it deepens inequality and erodes citizens’ dignity.
AI governance cannot wait. Continued delay will allow digital harms to scale faster than our remedies can, ceding our national data sovereignty to unaccountable corporate interests. It is time to step out of the black box and establish the safeguards our citizens deserve.
The Roots of Our Governance Failure
Why is this happening? Because Nigeria’s current regulatory landscape is characterised by severe fragmentation, legal deficiencies, and a failure of institutionalisation.
We currently have no binding, AI-specific statute. While the Nigeria Data Protection Act 2023 exists, it governs what happens to data, not what complex AI systems do with it. Algorithmic profiling, automated bias, and discriminatory outcomes largely fall outside its enforcement scope. This gap persists despite Nigeria Deposit Insurance Corporation’s explicitly flagging of algorithmic bias as a material risk to financial stability.
Worse, at least nine different regulatory bodies — including NITDA, the NDPC, the CBN, the NCC, and the FCCPC — exercise overlapping jurisdiction over digital spaces. With no formal coordination mechanism between them, enforcement is inconsistent and reactive, allowing powerful actors to engage in regulatory arbitrage, while ordinary citizens bear the consequences.
Calibrating Governance to Nigerian Realities
Skeptics argue that premature regulation will stifle innovation, or that Africa should not attempt to regulate a technology it did not develop. This is a flawed and dangerous premise. Nigeria routinely regulates foreign-manufactured pharmaceuticals, aviation systems, and telecommunications equipment to protect public safety; AI should be no different.
However, we must reject the wholesale import of Western frameworks, such as the European Union AI Act, which are calibrated for vastly different economic realities. Our governance must be designed for our specific context, recognising our profound material constraints.
AI data centres are staggeringly energy-intensive, consuming hundreds of terawatt-hours globally each year. For Nigeria to bridge its electricity deficit to a level capable of supporting serious sovereign AI infrastructure, it would require an estimated $10 billion annually for a decade. Given these infrastructural gaps and our heavy reliance on foreign digital stacks, our regulatory focus must prioritise risk management, human rights, and citizen protection over tech-hype.
A Call to Action
To move from aspiration to safety, policymakers should execute a rights-based, context-sensitive strategy:
- Enact Binding Legislation: Provide immediate presidential assent to the National Digital Economy and E-Governance Bill, preserving its strict transparency and audit provisions.
- Establish an Independent Regulator: Create a dedicated National AI Regulatory Authority with the technical capacity and statutory teeth to audit complex algorithms.
- Codify Citizen Rights: Guarantee individuals the legal “right to an explanation” and a clear appeal mechanism when they are harmed or excluded by automated decisions.
- Mandate Platform Accountability: Impose steep, enforceable penalties on digital platforms that fail to swiftly remove harmful, machine-generated deepfakes and non-consensual content.
- Democratise Oversight: Institutionalise a formal role for civil society organisations to conduct independent audits, and mobilise youth networks, such as the NYSC, as digital accountability advocates and community educators.
AI governance cannot wait. Continued delay will allow digital harms to scale faster than our remedies can, ceding our national data sovereignty to unaccountable corporate interests. It is time to step out of the black box and establish the safeguards our citizens deserve.
Godwin Agaba Ochube is a civil society analyst.
