Nigeria is moving towards establishing a regulatory framework for artificial intelligence (AI) with the introduction of a landmark bill that mandates registration and licensing for all AI developers and deployers within its borders. Titled “A Bill for an Act to Ensure Proper Control of Usage of Artificial Intelligence (AI) Technology in Nigeria and for Related Matters, 2023,” the proposal was presented by Rep. Sada Soli of Katsina State and received its first reading in the House of Representatives on November 22, 2023.
If enacted, this legislation will create Nigeria’s first legal structure governing AI, establishing standards for ethical use, oversight, and accountability across the nation’s digital economy. Central to the bill is the formation of a National Artificial Intelligence Council, which will serve as the principal regulatory body overseeing AI development and usage. The council’s responsibilities will include controlling, supervising, and approving all AI-related activities, setting ethical and technical standards, conducting audits, and enforcing compliance through penalties or suspensions.
The proposed council will oversee both locally developed and foreign AI solutions, imposing uniform approval requirements on domestic startups and international companies alike. Its mission will focus on promoting safe, ethical AI use that aligns with human rights, public safety, and national security.
A significant feature of the bill is the requirement for any organization or individual involved in the development, importation, distribution, or use of an AI system to register with the council and obtain the necessary approvals prior to deployment. This stipulation specifically targets developers and businesses integrating AI into commercial applications, while ordinary users of AI tools like ChatGPT or Claude are exempt.
The legislation introduces a risk-based classification system for AI, categorizing high-risk systems—such as those used in healthcare, finance, public services, or national security—under stricter regulations. Developers will be mandated to conduct impact assessments, disclose data sources and algorithmic designs, and undergo regular compliance reviews. Non-compliance could lead to fines, suspension, or shutdown of the offending systems.
The draft law places a strong emphasis on fairness, transparency, and nondiscrimination in AI systems. Developers will need to maintain documentation detailing system design, data sources, and operational mechanisms for council review. In instances where AI systems make significant decisions—such as in hiring, law enforcement, or credit scoring—individuals must be made aware of the automated involvement and be provided with avenues to contest such decisions. Additionally, AI operators are required to keep thorough documentation and audit trails to ensure the systems are both explainable and traceable.
Aligning with Nigeria’s Data Protection Act of 2023, the bill mandates that all AI systems adhere to established data protection standards. Developers must ensure that personal data utilized in AI training or operations is processed lawfully and without bias against characteristics such as gender, race, or religion. Furthermore, the bill aims to integrate with existing digital governance institutions, including the Nigeria Data Protection Commission and the National Information Technology Development Agency, although it does not specify the council’s physical location.
Under this proposed framework, foreign-developed AI products will also be required to undergo registration and approval before deployment in Nigeria. The council will have the authority to restrict or ban AI tools that fail to meet local standards or pose threats to national security or public interest. It will also be empowered to investigate complaints, suspend or withdraw approvals, and impose penalties, with non-compliant AI systems potentially being blocked or taken offline. Individuals affected by such measures will have the opportunity to lodge complaints and seek redress through the council.
The bill advocates for partnerships with academic institutions and the private sector to bolster training, research, and innovation, while promoting digital inclusion for women, underserved regions, and marginalized communities. However, some stakeholders have raised concerns regarding the bill’s broad definition of AI, which could encompass basic automation under its regulatory umbrella, thus increasing compliance burdens. Critics also warn that the requirements for registration and licensing might create bureaucratic hurdles for startups and innovators.
Moreover, there are apprehensions about potential regulatory overlaps with existing bodies like the National Information Technology Development Agency (NITDA), the Nigeria Data Protection Commission (NDPC), the Nigerian Communications Commission, and the Central Bank of Nigeria. Additionally, the council’s authority to suspend AI systems deemed contrary to “national interest” raises fears of possible overreach or censorship.
Nigeria’s initiative is part of a broader trend across Africa, with countries such as Mauritius, Egypt, and Kenya already implementing national AI strategies, while Rwanda and South Africa are finalizing their own regulatory frameworks. However, Nigeria’s approach marks a distinctive focus on stringent regulatory control, contrasting with other nations that emphasize capacity building and innovation. Should the bill pass, Nigeria would join the ranks of pioneering African nations embedding AI regulation into law rather than policy.
The Artificial Intelligence Control and Regulation Bill represents a significant stride for Nigeria in balancing innovation with public protection. The legislation’s long-term implications will largely hinge on how effectively it is implemented, the capability of the proposed council, and whether the regulatory environment can adapt to the rapid evolution of technology.
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