Nigeria - AI Technology Control (HB 942)

Overview

The Control of Usage of Artificial Intelligence Technology in Nigeria Bill (HB 942) was presented for first reading on 22 November 2023 and is sponsored by Honourable Sada Soli. The Bill sets out to establish a legal framework to regulate the development, deployment and use of artificial intelligence across the Nigerian federation and to provide for the protection of citizens, national security, and public order while encouraging innovation. Primary record of the Bill’s presentation is recorded in the Federal Ministry of Information and National Orientation’s plenary summary for 22 November 2023 (Plenary Proceedings 22 Nov 2023). HB 942 is presented alongside related parliamentary AI proposals and sits in a broader national policy ecosystem that includes the National Information Technology Development Agency (NITDA) and publicly circulated National AI strategy documents (NITDA National AI Strategy (draft/public consultation)).

Definitions

HB 942 creates standardized legal definitions for core terms: "artificial intelligence system" (a system that, by design, performs tasks or predictions through algorithmic processing including machine learning models), "developer" (person or entity responsible for creation and training), "deployers" or "operators" (those who make AI available or integrate it into products/services), "high-risk AI" (systems with potential to significantly affect fundamental rights, health, safety, or public order), "national AI council/authority" (the supervisory body proposed by the Bill), and "conformity assessment" (technical and regulatory validation prior to market placement). These definitions are intended to align with internationally used risk-based terminologies while reflecting Nigeria’s constitutional and statutory rights framework.

Governance and Institutional Framework

The Bill proposes establishment of a central governing body—often described in parliamentary summaries as a National Artificial Intelligence Council or Commission—charged with registration, licensing, standard setting, auditing, and enforcement. This institutional architecture is to coordinate with existing regulators such as NITDA (the national ICT regulator), the Nigeria Data Protection Commission (NDPC) under the Data Protection Act, and sector regulators (e.g., NAFDAC for health, CBN for financial services). Parliamentary records indicate that HB 942 was discussed alongside other legislative proposals for national AI institutions and that consolidation with related bills was encouraged by Members during committee review (House of Reps plenary 12 Mar 2024). The Council’s functions, as reported in parliamentary summaries, include standard setting, issuing licences/certificates, maintaining an AI registry, directing conformity assessment requirements, and coordinating cross-border data and model security controls.

Key Focus Areas

The Bill focuses on: (1) registration and licensing of AI systems and developers; (2) a risk-based classification system (notably a high-risk category with prescriptive obligations); (3) mandatory safety testing, conformity assessments, and pre-deployment audits for high-risk systems; (4) transparency and disclosure obligations — model documentation, model cards, and user-facing warnings for synthetic content and automated decision-making; (5) data protection alignment — ensuring AI systems comply with the Nigeria Data Protection Act and secure lawful bases for processing personal data; (6) human oversight requirements to ensure human-in-the-loop or human-on-the-loop for decisions affecting rights; and (7) market surveillance and post-market monitoring including incident reporting and mandatory reporting of harm. The Bill explicitly addresses misinformation/deepfakes, biometric systems, automated credit scoring, and AI uses in public administration as priority areas requiring heightened oversight.

Implementation Framework

Implementation is structured around four pillars: (a) institutional setup and delegated rulemaking powers for the Council; (b) registration, licensing and conformity assessment mechanisms, including accredited testing laboratories and certification bodies; (c) sectoral coordination with existing regulators (health, finance, telecommunications, consumer protection); and (d) capacity building and public consultation phases to improve compliance and foster local innovation. Parliamentary discussions emphasise phased roll-out for registration and testing obligations to allow industry adaptation and to build state capacity for technical assessments (Policy tracker: HB 942).

Monitoring and Evaluation

HB 942 envisages continuous market surveillance, mandatory risk reporting, periodic audits of licensed systems, and public transparency reports by the supervising authority. The Council would maintain a national AI registry and publish annual compliance assessments and sectoral risk reviews. Monitoring mechanisms include technical inspections, third-party audits, whistleblower and incident reporting channels, and cooperation agreements with international partners to trace cross-border model provenance and supply chains.

Penalties, Liability, and Appeals

The Bill sets an enforcement ladder: administrative fines, suspension or revocation of registration or licences, mandated corrective audits or product recalls, civil liabilities for harm caused by non-compliant AI systems, and potential criminal penalties for malicious or reckless misuse (for example, deliberate deployment of high-risk systems that infringe rights or threaten public safety). Affected parties would have defined rights of appeal before an administrative tribunal or court, and the Bill seeks to align liability rules with existing tort and consumer protection frameworks.

Relationship to Other Instruments

HB 942 is drafted to operate alongside and complement existing Nigerian law: the Nigeria Data Protection Act (NDPA), the Cybercrimes (Prohibition, Prevention etc.) Act, sector-specific laws (e.g., CBN rules for fintech), the Copyright Act, and consumer protection statutes. Parliamentary materials indicate that legislative drafters aim to avoid duplication by giving the proposed AI Council coordination powers while preserving sector regulators’ enforcement roles. Further, HB 942 has been referenced in consolidations with other AI-related bills (see December 2024 parliamentary activity that folded multiple proposals into a composite regulatory instrument).

International Alignment

The Bill’s approach is explicitly risk-based and modelled to align with international trends such as the EU AI Act, OECD principles, and African Union/continental AI strategies. Parliamentary debates and policy trackers note Nigeria’s interest in harmonising standards for trade and cross-border data flows, and in participating in international initiatives to counter AI-enabled disinformation and security threats. The Bill therefore contains provisions to enable cross-border cooperation on model provenance, incident response, and enforcement assistance.

Implementation Timeline

Sources and References