Nigeria is advancing towards formal regulation of artificial intelligence through a newly proposed bill that aims to introduce mandatory registration and licensing for all entities developing or deploying AI technologies within the country. The proposed legislation, titled "A Bill for an Act to Ensure Proper Control of Usage of Artificial Intelligence (AI) Technology in Nigeria and for Related Matters, 2023," was introduced by Representative Sada Soli of Katsina State and had its first reading in the House of Representatives on 22 November 2023.

If enacted, this bill would create Nigeria’s inaugural legal framework for AI governance, targeting ethical use, oversight, and accountability across all sectors impacted by AI in the digital economy. Central to the proposal is the establishment of a National Artificial Intelligence Council, envisioned as the supreme regulatory authority overseeing all AI development and deployment activities. This council would be responsible for approving AI projects, setting ethical and technical standards, conducting audits, and enforcing compliance through penalties or potential suspensions of non-compliant systems.

A notable feature of the legislation is the requirement for any organisation or individual that develops, imports, distributes, or utilises AI systems to register with the council and obtain prior approval before deploying such technologies. This registration and licensing obligation applies primarily to developers and businesses incorporating AI into commercial operations, rather than everyday users of AI tools like ChatGPT. The bill also categorises AI systems by risk level, imposing more stringent rules for high-risk applications such as healthcare, finance, public service, and national security. Developers would be compelled to conduct impact assessments, disclose data sources and algorithmic designs, and submit to regular compliance reviews.

Transparency and fairness are emphasised throughout the proposal. Developers must document system designs and operational details for regulatory scrutiny, particularly for decisions with significant societal impact like hiring, credit scoring, or law enforcement. Furthermore, the law mandates that individuals affected by automated decisions be informed and given avenues to challenge those decisions. AI operators are also required to maintain detailed audit trails to ensure explainability and traceability of AI decisions.

The bill aligns closely with Nigeria's Data Protection Act (NDPA) of 2023, underscoring the necessity for AI systems to comply with existing data protection laws. It mandates lawful processing of personal data, prohibits discrimination based on factors such as gender, race, or religion, and integrates AI oversight with established digital governance institutions like the Nigeria Data Protection Commission (NDPC) and the National Information Technology Development Agency (NITDA). However, specifics about the council’s institutional placement remain unspecified.

Foreign AI platforms would also fall under these regulations, needing registration and approval before operating in Nigeria. The council would hold the authority to restrict or ban AI products that fail to meet local standards or pose threats to national security or public interest, including the power to investigate complaints, suspend approvals, or block non-compliant systems. Channels for public complaints and remedies are built into the framework, supporting accountability and public oversight.

Alongside regulatory control, the bill encourages collaboration with academia and the private sector to bolster AI training, research, and innovation. It further aims to promote digital inclusion for women, underserved regions, and marginalised communities, reflecting a holistic approach to AI governance and equity.

Despite its comprehensive nature, the bill has attracted criticism from various stakeholders. Concerns include the broadly defined scope of AI, which some fear could subject basic automation processes to onerous regulation, potentially hindering startups and innovation. Observers also warn about possible regulatory overlap with existing bodies such as NITDA, NDPC, the Nigerian Communications Commission, and the Central Bank of Nigeria. There are apprehensions regarding the council’s discretionary power to suspend AI systems deemed contrary to the "national interest," a clause that might risk excessive control or censorship.

Nigeria's move comes amid growing efforts across Africa to address AI governance. Countries like Mauritius, Egypt, and Kenya have formulated national AI strategies, while Rwanda and South Africa are in advanced stages of establishing legal frameworks. Unlike these nations, which tend to favour capacity building and fostering innovation, Nigeria’s approach emphasises regulatory oversight, mandatory registration, and licensing, potentially positioning it as one of the first African countries to embed AI regulation directly into law rather than policy.

Nigeria’s legislative effort notably ties into the broader context of the country’s evolving data privacy and protection landscape. The Nigeria Data Protection Act, enacted in 2023, has established the Nigeria Data Protection Commission as the regulatory body responsible for overseeing data privacy, including within AI systems. However, enforcement challenges persist; between 2019 and 2023, only a limited number of investigations under data protection regulations occurred, with no specific AI-related enforcement actions reported. Commentators stress the importance of mandatory transparency and explainability in AI algorithms and advocate for a harmonised regulatory approach to enhance enforcement capabilities across overlapping mandates.

Legal analyses also highlight that the NDPA restricts exclusive use of automated decision-making and profiling, especially when these processes result in significant legal or similar effects on individuals. Compliance with these data protection requirements is crucial for businesses leveraging AI in sectors such as finance and public services. The NDPA incorporates principles like lawfulness, fairness, transparency, and data minimisation, which the new AI regulation bill would complement by ensuring ethical and accountable AI development.

In summary, Nigeria’s Artificial Intelligence Control and Regulation Bill represents a critical legislative milestone aimed at balancing innovation, public safety, and individual rights in an increasingly AI-driven environment. The eventual impact will depend significantly on how effectively the proposed National AI Council is empowered and resourced, and on the broader regulatory ecosystem’s ability to adapt to the rapid evolution of AI technologies.

📌 Reference Map:

  • [1] (iafrica.com) - Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
  • [2] (ThisDayLive) - Paragraphs 12, 13
  • [3] (Mondaq) - Paragraphs 12, 13, 14
  • [4] (Mondaq) - Paragraph 13
  • [5] (AdeolaOyinlade) - Paragraph 13
  • [6] (MetaLex Legal) - Paragraph 13

Source: Noah Wire Services