Stakeholders Seek Legal Reforms To Address AI, Digital Rights Challenges

Stakeholders in the digital space and judicial officers from across Nigeria’s Northern Zone have called for stronger authentication standards for artificial intelligence (AI)-generated evidence and sustained training for judges on emerging technologies.

The call was made at a two-day Digital Rights Judges Workshop in Abuja, organised by DigiCivic Initiative in collaboration with the National Judicial Institute (NJI) and the National Human Rights Commission (NHRC), with support from Luminate.

In a communiqué issued at the end of the workshop and signed by DigiCivic Initiative executive director, Mojirayo Ogunlana, it noted that the rapid development of artificial intelligence and other emerging technologies was creating new challenges for courts, particularly in determining the authenticity and reliability of digital evidence.

The workshop brought together 54 judicial officers from the Federal High Court, National Industrial Court of Nigeria and State High Courts across the Northern Zone to examine the growing impact of technology on the administration of justice and the protection of fundamental rights.

Participants noted that AI-generated images, videos and audio recordings have complicated traditional approaches to evidence, particularly as technology makes it increasingly difficult to distinguish genuine material from fabricated content.

The judicial officers also drew attention to the emerging phenomenon known as the “liar’s dividend”, whereby individuals may dismiss genuine evidence simply by claiming that it was generated or manipulated by AI.

“Stricter authentication standards and corroborative evidence approaches must be developed for evaluating AI-related evidence,” the communique stated, stressing the need for the judiciary to adopt informed approaches to emerging forms of evidence.

The workshop also considered the broader implications of digital technology for fundamental human rights.

The communiqué affirmed that “digital rights are extensions of fundamental human rights and must be protected within the digital environment.”

It noted that rights such as privacy, freedom of expression, access to information and equality do not cease to apply simply because an interaction takes place online.

Participants examined how existing constitutional, regional and international human rights principles could be applied to emerging digital rights disputes, including online expression, internet restrictions and access to information.

The communiqué recommended that “legal frameworks on digital evidence, cybercrime, and privacy should be reviewed and updated to align with evolving technological realities.”

The judicial officers also emphasised the importance of building the capacity of the judiciary to respond to technology-driven legal disputes.

The communiqué stated that “sustained training on AI, cybercrime, and emerging technologies is urgently needed to strengthen judicial competence.”

It noted that technology was evolving rapidly and that judicial officers required continuous exposure to emerging technological developments in order to effectively interpret existing laws and adjudicate disputes arising from the digital environment.

The workshop further examined the implications of Nigeria’s data protection regime, including consent, surveillance, biometrics and the remedies available to individuals whose personal information is improperly exposed or processed.

The communiqué highlighted the importance of principles including lawfulness, fairness, transparency, purpose limitation, data minimisation and accountability in the processing of personal data.

It also raised questions about whether simply clicking “I Agree” on online platforms should always be regarded as meaningful consent, particularly where users may not fully understand how their information will be collected or used.

The participants also considered online gender-based violence and its psychological, emotional, social and reputational consequences.

The communiqué noted that online abuse should not be treated as an isolated digital problem because its consequences can extend into the physical world.

It stressed the importance of preserving digital evidence in cases involving online abuse and ensuring that victims have access to effective legal remedies under existing Nigerian laws.

Beyond emerging legal challenges, the communiqué called for greater digitalisation of Nigeria’s justice system.

It recommended that “court systems should be modernised through electronic case management and virtual hearings to improve efficiency and access to justice.”

The participants also called for the deployment of secure, privacy-protected technological platforms to safeguard judicial information against unauthorised access.

The communiqué stated that “privacy-protected technological platforms are needed to safeguard judicial information from unauthorised access.”

The resolutions adopted at the workshop, according to the participants, were aimed at ensuring that Nigeria’s judiciary keeps pace with technological developments while continuing to protect fundamental rights and maintain public confidence in the justice system.