Digicivic Initiative

• Admin
• November 11, 2025

1. Progressive Aspects

• Comprehensive Digital Framework:
  The Bill is a landmark effort to consolidate Nigeria’s fragmented digital policies covering electronic transactions, cybersecurity, artificial intelligence (AI), and digital governance.
  
• Data Protection Alignment:
  Several provisions reference the Nigeria Data Protection Act (NDPA) 2023, signalling policy coherence and awareness of data subject rights.
  
• Ethical AI Governance:
  Chapter Five outlines AI principles fairness, transparency, explainability, human oversight, and contestability aligning with OECD and EU AI Act standards.
  
• Digital Inclusion & Skills Development:
  The National Digital Skills Development Framework (Section 56) aims to close the digital literacy gap and include marginalised groups such as women, youth, and persons with disabilities.

2. Human Rights and Governance Concerns

(a) Weak Enforcement of Data and Privacy Rights

• While the Bill recognises compliance with NDPA, it does not explicitly empower citizens to seek redress for privacy violations within public e-governance systems (e.g., Nigeria Data Exchange or digital ID systems).
  
• Section 46 (Nigeria Data Exchange) centralises massive inter-agency data sharing under ministerial control without independent oversight. This risks surveillance and privacy breaches.

→ Risk: Creation of a state-controlled data hub without adequate checks can infringe the right to privacy (Section 37 of the Nigerian Constitution).

(b) Concentration of Power in the Regulatory Agency

• The National Information Technology Development Agency (NITDA) is designated as the “Regulatory Agency” throughout.
  Yet, the Bill grants it sweeping powers to:
  
  • Make subsidiary legislation (Sections 55, 81)
    
  • Grant exemptions (Section 74)
    
  • Enforce AI regulation (Section 67)
    without adequate parliamentary or multi-stakeholder oversight.

→ Risk: Over-centralisation could lead to regulatory capture or arbitrary decision-making in politically sensitive digital spaces.

(c) Artificial Intelligence Oversight Gaps

• Although Section 63 establishes ethical AI principles, no independent AI Commission or Review Board is proposed.
  
• Oversight remains within NITDA, which may not have technical independence or judicial authority to adjudicate algorithmic harm cases.
  
• The Bill does not guarantee public participation in risk classification (Section 65) or transparency reporting.

→ Risk: Citizens affected by automated decision-making (e.g., loan rejections, biometric profiling) may lack an accessible remedy.

(d) Cybersecurity Provisions May Enable Overreach

• Chapter Four mandates cooperation with security agencies and the Office of the National Security Adviser (Section 62(f)).
  However, the Bill lacks human rights safeguards against misuse of cybersecurity justifications for unlawful surveillance or censorship.

→ Risk: Without clear judicial oversight, these provisions can be weaponized against journalists, activists, or dissenting voices online.

(e) Digital Governance Without Citizen Safeguards

• The Nigeria Data Exchange (Sections 46–47) envisions a unified government database but omits:
  
  • Explicit citizen consent requirements
    
  • Independent audits or public transparency reports
    
  • Impact assessments before data integration
    

→ Risk: Involuntary inclusion of citizens’ data and absence of transparency mechanisms could erode trust in digital government systems.

3. Legal and Policy Alignment Issues

• Overlap with Existing Laws:
  The Bill overlaps with the NDPA 2023, Cybercrime Act 2015, and FCCPC Act 2019. Without clear harmonization clauses, conflicting jurisdiction could emerge between NDPC, NITDA, and other regulators.
  
• No Explicit Human Rights Impact Assessment (HRIA):
  The Bill lacks any requirement for HRIAs for AI systems, data exchanges, or e-governance platforms—contrary to global digital rights best practice.

The Stance of Human Rights Organizations

1. Strengthen Rights-Based Safeguards

• Insert a “Digital Rights and Freedom Clause” referencing the Nigerian Constitution and international treaties (UDHR, ICCPR, African Charter).
  
• Mandate that all digital government and AI systems undergo a Human Rights Impact Assessment (HRIA) before deployment.
  
• Require citizen consent and transparency reports for data sharing under the Nigeria Data Exchange.
  

2. Ensure Institutional Independence

• Establish an Independent Digital Rights and AI Ethics Commission to monitor AI deployment, algorithmic bias, and digital inclusion.
  
• Limit ministerial and NITDA discretion by requiring multi-stakeholder oversight councils for regulations and sandbox authorizations.
  

3. Guarantee Access to Remedies and Redress

• Create clear pathways for individuals to:
  
  • File complaints about digital rights or AI harms
    
  • Access human review of automated decisions
    
  • Seek compensation for data misuse or discrimination.
    

4. Protect Vulnerable and Marginalized Groups

• Strengthen Section 56 to guarantee equitable access to digital skills and affordable internet for rural, disabled, and low-income communities.
  
• Require inclusivity audits in AI and digital governance systems affecting public services, loans, recruitment, or welfare.

5. Enhance Transparency and Accountability

• Mandate public disclosure of algorithms used in public decision-making (e.g., AI scoring systems).
  
• Require annual transparency reports from NITDA and the proposed Nigeria Data Exchange, published in open data format.
  

6. Clarify the Role of the NDPC

• Explicitly define coordination mechanisms between the NDPC (for data protection) and NITDA (for digital economy), to prevent regulatory overlap and ensure NDPC independence.
  

7. Cybersecurity with Human Rights in View

• Insert provisions for judicial authorization and proportionality in cybersecurity surveillance activities.
  
• Require public interest exceptions protecting journalists, whistleblowers, and civil society actors from undue restrictions.
  

Conclusion

The Bill is a forward-looking step toward digital transformation, but without explicit human rights safeguards, Nigeria risks entrenching digital authoritarianism under the guise of modernization.
A rights-based, transparent, and multi-stakeholder approach is essential to balance innovation with accountability.