Summary
The regulation of artificial intelligence (AI) is becoming a global priority, with different countries at differing stages of progress. While some nations have made significant strides, others are still in the early stages of developing regulatory frameworks. In Sierra Leone, specific AI legislation has yet to be enacted. However, Sierra Leone’s strategic focus is on harnessing digital technologies, including AI, to accelerate socioeconomic development. Similarly, Nigeria is advancing its AI landscape through initiatives such as the National Centre for Artificial Intelligence and Robotics (NCAIR) and a dedicated AI innovation fund to support startups.
Both countries are well-positioned to shape AI policies by drawing from regional and global models, such as the European Union’s AI Act and the African Union’s draft AI strategies. These initiatives reflect a broader commitment to fostering technological innovation while also addressing the ethical, legal, and societal risks that AI presents. As they move closer to implementing AI-specific legislation, Sierra Leone and Nigeria have the opportunity to develop regulatory frameworks that are aligned with global best practices but tailored to Africa’s unique cultural, geographical, and economic contexts.
Introduction
We are not aware of any legislation in place in either Sierra Leone or Nigeria that directly regulates the use and/or development of artificial intelligence (AI). However, both countries have existing regulatory frameworks that could be used as predictive reference points for how AI may be regulated as it continues to develop.
Within Sierra Leone, the Government of Sierra Leone (GOSL) has established broad long-term developmental and strategic frameworks that will likely form the basis for a specific AI regulatory regime in the future. Similarly, in Nigeria, predictive reference for future development can be made to existing legislation. Fundamentally, Nigeria was one of the first countries in Africa to establish a National Centre for Artificial Intelligence in November 2020. Since then, the Nigerian Government has continued to actively take steps toward creating a more concrete AI regulatory structure. At the Innovate Nigeria 2024 Conference & Expo, the Director General of Nigeria’s National Information Technology Development Agency (NITDA), reaffirmed the government’s commitment to nurturing innovation and entrepreneurship within Nigeria’s AI industry. Notably, in September of this year the Nigerian government announced a ₦100 million AI Fund in collaboration with Google, to support Nigerian startups leveraging AI in their technology products.
One may gain a further indication of how the respective AI regulatory regimes in the two countries may develop by paying attention to how AI is regulated elsewhere, both within Africa and internationally. On 1 August 2024, the European Union (EU) introduced its landmark Artificial Intelligence Act (‘EU AI Act’) into legislation. Amongst other things, the EU AI Act classifies AI systems according to their possible effects on individuals and society, ranging from ‘Minimal Risk’ systems, through ‘Limited Risk’ and ‘High-Risk’ systems respectively, to ‘Unacceptable Risk’ systems. Minimal Risk AI systems remain largely unregulated and encompass most AI uses, including AI use in video games, for example. Unacceptable Risk AI systems include uses such as ‘social scoring’ and manipulative AI and are generally banned outright. It would arguably not be too much of a reach to expect similar system categorisation to be adopted in regulatory regimes elsewhere, including within Sierra Leone and Nigeria. In our view, we would go one step further and actually consider it prudent for them to do so. Nevertheless, the African Union (AU), of which each of Sierra Leone and Nigeria are both member states has already began working on creating draft frameworks in respect of AI. In June 2024, a delegation of African ICT and Communications Ministers unanimously endorsed a continent-wide AI strategy with a view to accelerating.
Africa’s digital transformation by “unlocking the potential of new digital technologies”. Should this framework continue to develop, Sierra Leone and Nigeria may be served by adopting such frameworks, which would be more specifically curated towards the geographical and economic realities of African countries.
This research note will briefly compare and contrast the present framework of these two countries while drawing reference from the AU draft policies on AI regulation, as a suggested standard to be adhered to.
AI in Sierra Leone
In Sierra Leone, the Cyber Security and Crime Act was passed into law in 2021. One underlying reason for its enactment was that “With the exponential growth in digital technology, there is no time better than now to protect the use of the [C]yberspace”. However, the Act failed to adequately address or provide a framework for the emergence of AI, despite AI being arguably the most pressing of focus areas within the “cyberspace” in recent years. The significance of this omission is further emphasised by the fact that one of the Act’s core purposes was to address the “punishment of cybercrimes; prevention of the abusive use of computer systems [and] to provide for the establishment of structures to promote cybersecurity and capacity building”.1
In our view, these “structures” to promote cyber security would have been better served with the express provision of an AI regulatory framework. Whilst any explicit mention of AI may not have been considered as as high of a priority at the time, an interim measure to address its absence would be to amend the Act by way of regulation, pending the introduction of binding AI-specific legislation at a later date.
Whilst these short and long-term measures are yet to be addressed, we do note with positivity that the GOSL recently launched their Medium-Term National Development Plan.2 It was acknowledged, for instance, that one way of strengthening the statistical system of Sierra Leone should be through imparting “…new knowledge, skills and competencies in non-traditional areas such as…Artificial Intelligence…”3 Similarly, the plan emphasises leveraging digital technologies to drive socioeconomic development. This is compounded by a 2026 plan to migrate all workers within the public service sectors from conducting paper-based work to utilising digital platforms.4 The plan includes building digital infrastructure, enhancing cybersecurity,5 and promoting digital skills. Thus, Although specific AI legislation is not yet in place, the emphasis on governance and innovation suggests that AI regulation will be integrated into future policies.
In 2019, the GOSL, through the Directorate of Science, Technology and Innovation (DSTI), published a 10-year National and Innovation and Digital Strategy (NIDS).6 The strategy includes AI as a key component, prioritising a “country-as-AI-lab” model, aiming to leverage AI and data science to address societal challenges and improve government decision-making and service delivery.7
Sierra Leone’s ‘country-as-AI-Lab’ model is founded on the belief that addressing well-defined societal challenges requires the integration of both quantitative and qualitative research methods within the nation’s unique social context.8 It also posits that solutions to these research questions are often most effective and scalable at the national level, aiming to provide a platform for AI and data science research – along with prototype development – to foster innovations that benefit its citizens.9
To achieve this AI-driven focus, Sierra Leone will nurture applied research in academia and the private sector to spark local innovation. The government will also invest in developing human capital and advancing cutting-edge research. Within this framework, Sierra Leone has identified three key areas: Applied Data Science for Governance, Evidence-based Policy Frameworks, and Citizen-Centered Design.10 Similarly, the short-term
1 The Cyber security and crime Act, 2021, short title
2 GOSL, Sierra Leone’s Medium Term National Development Plan 2024 – 2030, A Transformative Acceleration Agenda for Food Security, Human Capital Development and Job Creation, 1-208
3 Ibid 195
4 Ibid 130
5 Ibid 89
6 DSTI, National and Innovation and Digital Strategy 2019-2029 Digitization for all: Identity, Economy, and Governance (2019), 1-29
7 Ibid 9
8 Ibid 9
9 Ibid 9
10 Ibid 9
strategic desire is to help the country to participate in the AI global economy by suitably equipping universities and enabling start-ups and companies to translate advanced technologies.
Nigeria – What are the current laws and regulations?
First, there are currently seven major government ministries, departments and agencies that have mandates to advance and/or regulate the use of AI across Nigeria. These include the following government institutions:11
- Federal Ministry of Communications and Digital Economy;
- Federal Ministry of Science, Technology, and Innovation;
- National Information Technology Development Agency;
- National Office for Technology Acquisition and Promotion;
- Nigerian Communications Commission; and
- Securities and Exchange Commission and the Corporate Affairs Commission (CAC).
In 2020, the National Information Technology Development Agency released guidelines for the management of personal data by public Institutions in Nigeria.12 These regulations have provisions that directly or impliedly apply to several aspects of the use of AI in Nigeria. For example, Guideline 3.1b states that no person shall ‘be subject to automatic or digital decisions without a law of the National Assembly or consent of the subject’. Thus any public institution employing AI-enabled automation software can only do so with the consent of the user or with statutory authority. Similarly, Guideline 2.9d requires public institutions to disclose the ‘technical methods used to collect and store personal information’.
Work in progress
In 2022 NITDA called for contributions from stakeholders to enable the development of a National Artificial Intelligence Policy (NAIP) in Nigeria. NITDA is responsible for developing, regulating and advising on information technology in the country through regulatory standards, guidelines and policies. A spokesperson of the agency described the development of the NAIP as a means ‘to maximise the benefits, mitigate possible risks, and address some of the complexities attributed to using AI in our daily activities’. The policy is intended to provide directions on how Nigeria could take advantage of AI, including its development, use, and adoption to proactively facilitate the development of Nigeria into a sustainable digital economy.
The National Centre for Artificial Intelligence and Robotics (NCAIR) is one of NITDA’s special purpose vehicles created to promote research and development on emerging technologies and their practical application in areas of Nigerian national interest. In August 2024, the two bodies collaborated on a draft National Artificial Intelligence Strategy. The draft strategy has identified the strategic objectives for leveraging as a tool for economic growth and competitiveness, social development and inclusion and technological advancement and leadership. These strategic objectives are supplemented by five pillars, each with objectives and actionable initiatives designed to actualise these goals, including:
(a) building foundational AI infrastructure;
(b) building and sustaining a world-class AI ecosystem;
(c) accelerating AI adoption and sector transformation;
(d) ensuring responsible and ethical AI development; and
(e) developing a robust AI governance framework.
The NAIS strategy does not include any plans for an implementation framework or any monitoring mechanisms, nor does it specify the funding sources for the various proposed projects. However, the draft strategy does refer to the United States of America’s (US) National Institute of Standards & Technology (NIST) Framework for AI Risk Management; and considers how this framework might be a useful starting point for the Nigerian government in furtherance of their strategic objectives and their approach to AI policymaking as a whole.13 In our view, it is likely that Nigeria’s eventual AI policy will more closely mirror the NIST framework used in the US.14
11 Paradigm Initiative Nigeria, Factsheet on Artificial Intelligence in Nigeria
12 Guidelines for the Management of Personal Data by Public Institutions in Nigeria, 2020
13 U.S. National Institute of Standards & Technology (NIST) Framework for AI Risk Management
14 African Union, CONTINENTAL ARTIFICIAL INTELLIGENCE STRATEGY Harnessing AI for Africa’s Development and Prosperity Nigeria – What to expect next
Despite the continued absence of an established legal framework for AI in Nigeria it is evident that the government is expending an enormous amount of time and resources into research and development in order to create the right foundation for an efficient and effective artificial intelligence legal regime.
The Nigerian ‘tech’ industry is teeming with exceptional talent and innovation. Over the last ten years, Nigerians have demonstrated remarkable success in areas such as fintech, e-commerce, and software development. Companies such as Flutterwave, Paystack and Moove have experienced significant growth and success which has attracted substantial foreign investment. This combination of homegrown talent and a proven track record of globally recognised success in the tech industry creates the perfect environment for AI developments and investments that would position Nigeria as a key player in the global AI landscape.
In furtherance of these goals, the Federal Nigerian Ministry of Communications, Innovation and Digital Economy launched the ₦225 million Nigeria Artificial Intelligence Research Scheme (NAIRS), awarding grants to startups and researchers to drive innovation in AI. The scheme aims to foster a vibrant and sustainable AI ecosystem in Nigeria by ‘providing financial support and facilitating knowledge sharing and collaboration among individuals and organisations in the AI industry’15. Additionally, NCAIR’s newly launched AI fund in collaboration with Google is set to provide ten Nigerian startups with funding of up to ₦10 million per startup, alongside access to Google AI tools, resources, and mentorship from Google engineers. The fund aims to inspire and nurture the next generation of AI-powered startups in Nigeria to create homegrown solutions that address local challenges.
According to figures published by Statista, Nigeria’s AI market size is expected to show an annual growth rate (CAGR 2024-2030) of 28.10%, resulting in a market volume of US$4.64bn by 203016. Although this pales in comparison to the US whose 2024 projected market size is US$50.16bn, the disciplined efforts of Nigerian government agencies and the efforts of other stakeholders are likely to further accelerate AI innovation within Nigeria and enable Nigerian tech companies to scale and compete on a global stage.
The AU Continental Artificial Intelligence Strategy
As members of the AU, Sierra Leone and Nigeria are likely to be influenced by the AU’s draft AI policy.
The AU Continental Artificial Intelligence Strategy is the foremost strategy that the African Union executive council endorsed and, in June of 2024, African Ministers adopted. The AU strategy is more reflective of African geographical and cultural realities, history and diversity. Broadly, the policy provides a blueprint for AI regulation by member states and encourages countries without existing AI policies to use it as a framework for developing their national strategies. It clamours for the usage of AI in the transformation of Agriculture, education and health.
The strategy also recognises the risks posed by AI, such as bias, discrimination, job displacement, threats to indigenous knowledge, liability concerns, disinformation, data privacy breaches, copyright issues, and human rights challenges. To navigate these opportunities and risks, the Continental AI Strategy advocates for a people-focused, development-driven, and inclusive approach centred on five key areas: - Leveraging AI’s benefits for African people, institutions, the private sector, and countries.
- Mitigating risks associated with the growing use of AI.
- Enhancing AU Member States’ capabilities in infrastructure, talent, datasets, and research.
- Promoting regional and international collaboration.
- Encouraging public and private investment in AI.
The strategy identifies 15 specific action areas to realise these goals, including establishing AI governance frameworks, promoting AI adoption in both public and private sectors, creating a supportive environment for AI startups, ensuring access to high-quality datasets, fostering AI skills and talent development, encouraging
15 Nigeria Artificial Intelligence Research Scheme
16 Market Insights on Artificial Intelligence in Nigeria, Statista research and innovation, adopting ethical standards and technical guidelines, and accelerating investments and partnerships.
The document stresses the importance of African involvement in global AI governance and calls for partnerships between Africa and the international community to mobilise resources for AI development on the continent. It highlights the need for an Africa-centric approach that respects human rights, embraces diversity, and aligns with African values.
It urges the African Union Commission to develop a 5-year implementation plan, research AI risks led by Africans, and integrate AI into the AU’s development agenda. Member States are encouraged to create national AI strategies, focus on AI talent development, and support AI startups. The private sector is invited to invest in AI solutions and bolster Africa’s efforts to enhance its AI capabilities. Development partners are asked to back Africa’s AI initiatives, particularly in addressing development challenges and building essential capabilities.
The White Paper
Similarly, the AU white paper outlines a comprehensive framework for AI regulations across African nations. The draft proposes industry-specific codes and practices, the creation of standards and certification bodies to evaluate and benchmark AI systems, the use of regulatory sandboxes for the safe testing of AI technologies, and the establishment of national AI councils to oversee and ensure the responsible implementation of AI. It advocates for a balanced approach that encourages AI adoption while mitigating its risks. It suggests the establishment of governance systems and regulations at both regional and national levels, grounded in ethical principles that uphold human rights, embrace diversity and reflect African values. The White Paper advocates that self-regulation, through industry codes and practices, enables quicker adaptation to societal and technological changes than formal regulations. It allows for the translation of ethical principles into practical actions and facilitates the updating of industry regulations to address new AI applications’ specific needs.
Conclusion
Even without specific legislation regulating AI in Sierra Leone and Nigeria, there are predictive frameworks from which an inference can be drawn to see how potential AI regulatory laws may be formed. Reference can also be made to the AU draft policies when making such predictions. The AU’s call for the countries to align their AI policies with regional standards while addressing local needs and contexts, ethical AI, human rights, and Africa-centric approaches may be adopted. Similarly, the blueprint for having sector-specific guidelines, recognising that AI’s impact varies across different industries such as healthcare, education, agriculture, and finance, can be beneficial, albeit potentially complex and financially burdensome.
~ Eku Williams, Farida Tinubu, Brenda Ukah, Aji Ayorinde
Sources
The Cyber Security and Crime Act, 2021
African Union, CONTINENTAL ARTIFICIAL INTELLIGENCE STRATEGY Harnessing AI for Africa’s Development and Prosperity. GOSL, Sierra Leone’s Medium Term National Development Plan 2024 – 2030, A Transformative Acceleration Agenda for Food Security, Human Capital Development and Job Creation DSTI, National and Innovation and Digital Strategy 2019-2029 Digitization for all: Identity, Economy, and Governance (2019) White Paper: Regulation and Responsible Adoption of AI for Africa Towards Achievement of AU Agenda 2063
https://www.dataguidance.com/news/nigeria-nitdas-ncair-publishes-draft-national-ai https://paradigmhq.org/wp-content/uploads/2021/10/Factsheet-on-Artificial-Intelligence-in-Nigeria.pdf
https://www.dataguidance.com/news/nigeria-nitdas-ncair-publishes-draft-national-ai
https://fmcide.gov.ng/initiative/nais/
https://ncair.nitda.gov.ng/wp-content/uploads/2024/08/National-AI-Strategy_01082024-copy.pdf
https://www.whitecase.com/insight-our-thinking/ai-watch-global-regulatory-tracker-nigeria
https://aiinnigeria.com/adapting-ai-for-nigeria/
https://furtherafrica.com/2024/08/19/unlocking-nigerias-future-analyzing-the-national-ai-strategy/
https://cointelegraph.com/news/nigeria-nitda-pushes-ai-integration
https://www.statista.com/outlook/tmo/artificial-intelligence/nigeria
Agenda 2063 | African Union (au.int)
Africa’s push to regulate AI starts now | MIT Technology Review
Continental Artificial Intelligence Strategy | African Union (au.int) 44004-doc-EN-_Continental_AI_Strategy_July_2024.pdf (au.int)
African ministers adopt continental AI strategy | The Guardian (ippmedia.com) 44004-doc-EN-_Continental_AI_Strategy_July_2024.pdf (au.int)
Agenda 2063 | African Union (au.int)