The Oracle
Is this the Nigeria of Our Dream? (Part 7)
Published
2 years agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
For the past two weeks, we had to step down on this series to mourn the passing away of Dr. Christopher Ogbonnaya Onu, the first civilian Governor of old Abia State. We also felicitated with a prominent Nigerian- Chief Ayo Adebanjo who turned 96 on 10th of April. Having in our last installment looked at the following sub themes: A brand new or an amended Constitution?; Re-working Nigeria’s Federal Structure through a new Constitution and the Nigerian experiment with Constitutional Democracy (the Colonial Era. We shall today, continue with an examination of Colonial constitution followed by suggestions for the way forward – specifically, convening a sovereign National Conference and the Imperative for a New Constitution. The latter focuses on the experiences of a selection of countries across the world, including Iraq, Kenya and South Africa. Read on.
THE NIGRERIAN EXPERIMENT WITH CONSTITUTIONAL DEMOCRACY
COLONIAL CONSTITUTIONS (Continues)
In the words of Olu Ariwoola, J.S.C., as he held in the case of UGBA v. SUSWAM (2014) All FWLR (Pt. 748) Page 825 @ 863, “The Constitution is the heart and soul of the people. That explains why the Constitution commences (with the word) ‘We the people…’ all provisions in the Constitution were put in by the accredited representatives of the people.”
Many Nigerians including most of the erudite constitutional law lawyers have expressed serious reservation about the process leading to the making of the 1999 Constitution and the resultant lack of popular acceptability occasioned by the process of its making. Again, Chief Rotimi Williams, SAN, a foremost Constitutional Law Lawyer described the 1999 Constitution as a “document that tells lie against itself.” Professor Itse Sagay, SAN, categorically described the Constitution as a “fraud.” The erudite constitutional law lawyer and a foremost Professor of Law, Professor Ben Nwabueze, SAN, described the Constitution as an “illogicality”. That the 1999 Constitution is a “Unitary Constitution for a Federal System of Government.”
The Constitution was described as a fraud and a document that lies against itself at a seminar on the new Constitution organized by the Nigerian Bar Association, Ikeja Branch, on the 18th of June, 2009, because the Constitution purportedly stated in its opening recital that “We the people of the Federal Republic of Nigeria having firmly and solemnly resolved… do hereby make, enact and give to ourselves the following Constitution.” Since the enactment of the 1999 Constitution, these pertinent questions have been asked repeatedly,
a. “where and when did that resolution take place’’?
b. “How did the people of the Federal Republic of Nigeria arrive at that firm and solid resolution purportedly expressed in the recital to the 1999 Constitution?
Everyone or perhaps almost everyone in the Nigeria today accepts the fact that the Nation is faced with series of structural and systemic challenges, a good number of which are the products of the inadequacies of the 1999 Constitution. It is no longer news that there has been over concentration of power at the centre to the detriment of the federating units. Indeed, over the years the centre has been grabbing and grabbing powers at the expense of the federating units. The long years of military adventure in governance has not helped the situation. For the sake of comparison, the ‘1954 Constitution donated 43 items to the center’ in the Exclusive Legislative List, ‘45 items in the 1960 and 1963 Independence and Republican Constitutions; 66 items in the 1979 Constitution’ and ‘68 items to the center in the 1999 Constitution’ as amended.
THE WAY FORWARD
It is worthy of note that since the 1999 Constitution came into force (The Constitution came into force on 29th May, 1999.), attempts have been made by previous administrations to remedy the situation. Two national (Constitutional) conferences have at different times been held unsuccessfully. The first was by the Obasanjo administration in 2005 tagged the National Political Reform Conference; (National Political Reform Conference, Abuja 2005 (VOLUME TWO; FEDERAL REPUBLIC OF NIGERIA) Paperback – January 1, 2005 by NPRC (Author) and the second was by the Jonathan administration in 2014, simply known as the 2014 National Conference. (The 2014 National Conference was inaugurated by the Nigerian President Dr. Goodluck Ebele Jonathan on 17 March 2014 in Abuja, Nigeria) I was a participant at both Conferences, including the Vision 2009 Conference. Attempts have also been made (and continue to be made) to amend the Constitution. Some of the amendments were successful and some unsuccessful. In 2017 alone, 32 new amendments to the Constitution were proposed by the Senate. Only 5 succeeded at the end of the day. Till date, there are still various Bills pending before the National Assembly for amendment to different provisions of the Constitution.
TWO OPTIONS ARE AVAILABLE
As a way forward, two options are available to us to remedy the defects of the 1999 Constitution. The first option is to continue to amend the Constitution relying on the amendment clause in the 1999 Constitution. This option has its own challenges because the military after handing down the Constitution made it so rigid to amend, to the extent that getting an amendment is almost as difficult as getting a new Constitution. Despite its obvious short comings, this option is ever more appealing to those at the corridors of power because it gives them room to manipulate and promote their selfish interests. No party in power wants to hear about the idea of a new Constitution because they are afraid of losing their existing positions. For instance, the number one item on the APC manifesto was the convocation of a Sovereign National Conference to fashion a new Constitution for Nigeria; but since they came to power, they have resisted every discussion on that.
The second option is to jettison the Constitution completely in favour of a new one. I am more in agreement with this option. In his book ‘Forms of Constitution Making and Theories of Democracy’ (See A. Arato, ‘Forms of Constitution Making and Theories of Democracy’ (1995–96) 17 Cardozo Law Review 191, 194.), Andrew Arato identified five different mechanisms of making a new Constitution in modern times: they are (1) through the Constitutional convention, (2) the sovereign constituent assembly, (3) the normal legislature, (4) the executive, and (5) an evolutionary process.
On his own part, Schmitt, C, in his book ‘Constitutional Theory, (See Schmitt, C, Constitutional Theory, trans Seitzer, Jeffrey (Duke University Press, Durham, NC, 2008) 94 Cross RefGoogle Scholar), insists that for the Constitutional-making process to be considered to be fully democratic, it must pass through five stages. According to him, all previously constituted authorities must first be dissolved, followed by a popularly elected or acclaimed assembly with a sovereign power. The assembly then begins to function as the government on a provisional basis. Next, a new Constitution is drafted and offered to the people to be ratified in a national, popular referendum. As soon as the draft Constitution is finally ratified, the constituent assembly will be dissolved and a new government will be duly formed under the new Constitution.
A SOVEREIGN NATIONAL CONFERENCE?
We believe that this is what is borne in mind by those calling for a Sovereign National Conference (SNC). It is understandable why this call is loudest among those in the opposition, while those in power tends to turn a deaf ear to it, because if this is implemented, they are going to lose their positions.
The truth of the matter is that if Nigeria truly wants to continue to be one indivisible entity and silence the various agitations for self-determination, it cannot shy away from the Sovereign National Conference. There is no amount of amendment of the present Constitution that can truly address the discontent and mutual distrust between the various ethnic nationalities. There must be an avenue where the people can meet and freely decide the way they want to stay together in a nation and be governed. Call it a Sovereign National Conference, Constitutional Conference, Constituent Assembly or simply National Conference, but the body must have the full power (sovereign power) to enact a new Constitution which can only be ratified by the people in a national referendum, devoid of any interference by any governmental authority. This is the only way we can stop running in a circle as a nation.
THE DIRE NEED FOR A NEW CONSTITUTION
Nigeria needs a new people-driven Constitution. It is not rocket sign. It has been done before.
COUNTRIES THAT SUBJECTED THEIR NEW CONSTITUTIONS TO CITIZENS’ REFERENDUM TO GAIN THEIR PEOPLE’S LEGITIMACY AND CREDIBILITY
IRAQ
THE CONSTITUTION OF IRAQ AND REFERENDUM
The first Monarchial Constitution of the Republic of Iraq came into force in 1925 and existed till the 1958 Revolution which established a Republic.
The current Constitution was adopted on September 18, 2005, by the Transitional National Assembly of Iraq, and confirmed by a constitutional referendum, held on October 15, 2005.It was published on December 28, 2005, in the Official Gazette of Iraq (No. 4012), in Arabic original, and thus came into force.
KENYA
There were three versions of the Kenya Constitution; with the most recent being the 2010 redraft. This replaced the 1963 Independence Constitution. This version of 2010 was presented to the Attorney-General of Kenya on 7th April, 2010, officially published on 6th May, 2010, and was subjected to Referendum of the Kenya people on 4th August, 2010. It was voted for and approved by 67% of Kenya citizens. It was then promulgated on 27th August, 2010.
SOUTH AFRICA
THE SOUTH AFRICA CONSTITUTION AND THE PEOPLE’S PARTICIPATION
After the elections of 1994, the new Parliament – working as the Constitutional Assembly (CA) – began writing the final Constitution of South Africa. On May 8, 1996, the Constitutional Assembly completed two years of work on a draft of a final Constitution, replaced the interim Constitution of 1993 by the year 1999.
The objective to submit the draft to the Constitution court was to ensure that the final Constitution was legitimate, credible and accepted by all South Africans. The process of drafting involved many South Africans in the largest public participation programme ever carried out. Nearly two years later, representatives of political parties negotiated the formulations contained in the final draft and ignited an integration of ideas from ordinary citizens, civil society and political parties represented in and outside of the Constitutional Assembly. The Constitution therefore represents the collective wisdom and will of the South African people because it was arrived at by general agreement and consent of all South Africans. (To be continued).
THOUGHT FOR WEEK
“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force”. (Ayn Rand).
LAST LINE
God bless my numerous global readers for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Prof Mike Ozekhome, SAN, CON, OFR, FCIArb., LL.M, Ph.D, LL.D, D.Litt, D.Sc. kindly, come with me to next week’s exciting dissertation.
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The Oracle
The Oracle: The New Digital Colonialism: Navigating AI Policy Under Foreign Tech Dominance (Pt. 5)
Published
5 days agoon
April 4, 2026By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
In our last outing, we continued from the dangers of weak localization and disproportionate influence of foreign technology on African ecosystems. Followed by an in-depth analysis of the issues generated by AI policy and later at what African States needs to do to tackle the challenge-using Nigeria as a case study with special emphasis on the pen in the trans-continental transformation of AI technology and later x-ray the need for technological sovereignty and for crafting an indigenous AI policy agenda. We shall then conclude with an overview of lessons from abroad including the US, EU and China. Today, we shall take a look at the Future of African Digital Sovereignty, starting from Lagos to Accra, Cape Town to Cairo, Dakar to Dares Salaam, and in fact all fifty-four nations of African continent. We shall thereafter conclude with how the choices made by the African nations today with respect to AI governance, data sovereignty, and technological infrastructure will determine whether the continent will remain passive a consumer of foreign systems or emerges as an active shaper of global digital futures. Enjoy.
THE FUTURE OF AFRICAN DIGITAL SOVEREIGNTY
Imagine this: the year is 2050. From Lagos to Accra, Cape Town to Cairo, Dakar to Dares Salaam, all fifty-four nations of our beloved continent stand as co-authors of a shared digital destiny. The pen that once wavered in the hands of fragmented states has become steady, guided by unity, foresight and the vision to craft a future defined not by dependence, but by sovereignty, equity and innovation.
Across Africa, technology is no longer imported as a foreign product but created, nurtured and exported as a global standard. In Lagos, young engineers design energy-efficient AI chips that rival and surpass those made in Silicon Valley. In Kigali, a hub once celebrated for its early smart city experiments, Africa’s first quantum computing centre now powers healthcare breakthroughs across continents. Nairobi has become the headquarters of the Pan-African AI Ethics Council, an institution that sets the global benchmark for human-centred artificial intelligence. Accra, Addis Ababa and Johannesburg anchor Africa’s digital economy with data centres that rival those of Europe and Asia, ensuring that Africa’s data never again flows outward without reciprocity.
The transformation began with a recognition: technology is not neutral. Africans understood that algorithms, data systems and biometric technologies are instruments of power. Instead of uncritically adopting systems that excluded the rural, the poor, the disabled or the linguistically diverse, the continent chose a different path: technology that reflects African values of dignity, community and justice. The lessons of early missteps, such as exclusionary ID systems and exploitative data mining by foreign corporations, were not forgotten. They became rallying points for reform.
By 2035, every African nation had adopted a binding Digital Bill of Rights, enshrining privacy, dignity, transparency and accessibility as constitutional guarantees. Consent is no longer a perfunctory box to be ticked but an active and meaningful right, accessible even to citizens with low literacy or those living in remote communities. Algorithms deployed in courts, schools, banks and hospitals are explainable, accountable and open to independent audit. Citizens are not passive subjects of technology but active shapers—through participatory platforms that allow them to influence how data is collected, how AI is used, and how rights are protected.
The institutions that guard this ecosystem are robust, independent and trusted. The African Data Protection Commission; born out of a coalition of all fifty-four nations, operates with technical excellence and political autonomy. It not only oversees compliance but actively invests in capacity-building across the continent. Local regulators are no longer captured by external interests; they are guardians of sovereignty. Civil society, academia and entrepreneurs are embedded in digital governance as co-creators, not outsiders. The result is an ecosystem where technology is democratized and trust is the currency of digital life.
Infrastructure, once the Achilles’ heel of African development, is now its greatest strength. Universal broadband covers the continent, powered by a mix of green energy grids, solar satellites and fibre networks woven through deserts, forests and cities. Every village is a node in Africa’s digital constellation. Data centres, built and managed by Africans, ensure that information flows within Africa before it flows outward. These infrastructures are interoperable, resilient and sovereign.
Economic life thrives within this digital ecosystem. The African Continental Free Trade Area has blossomed into the world’s largest digital single market, seamlessly integrating fintech, e-commerce and cross-border innovation. A farmer in Mali can sell directly to buyers in Morocco using blockchain-backed platforms that guarantee fair prices, transparency, and security. A nurse in Uganda consults instantly with a doctor in Tunisia through AI-powered telemedicine networks. Start-ups in Lusaka or Ouagadougou scale as easily as those in Paris or Singapore, because Africa’s venture ecosystem is rich, connected and self-sustaining.
Yet the utopia is not measured by economic prosperity alone. Africa’s digital future has become a moral compass for the world. By embedding Ethics by Design into every innovation, Africa proved that technology could uplift rather than exclude. AI systems in Africa are trained on diverse datasets that reflect the continent’s multitude of languages, cultures, and histories, ensuring that bias is minimized and inclusion maximized. Assistive technologies empower people with disabilities to thrive. Rural communities once disconnected are now innovators, shaping tools that respond to their own realities—tools built in Hausa, Wolof, Amharic, Zulu and hundreds of other African languages.
Education has been re-imagined. Many children across the continent now have access to quality, personalized, AI-driven learning, designed with local contexts in mind. Universities collaborate through the Pan-African Digital Knowledge Network, pooling resources to create world-leading research in AI, biotechnology, renewable energy and cyber security. Brain drain has reversed—talent flows into Africa, not away from it.
Crucially, Africa’s rise did not come through isolation but through strategic partnership. Unlike the extractive digital colonialism of the past, today’s partnerships are forged on reciprocity and respect. Africa sits at the table of global digital governance as an equal, co-drafting the ethical frameworks that guide the use of AI, biotechnology and space technologies. Where once it was a consumer, Africa is now a producer, standard-setter and exporter of innovation and ideas.
This Africa is not utopia because it is flawless. It is utopia because it has embedded resilience, justice and inclusion into the fabric of its digital transformation. It has proven that sovereignty is not about closing borders but about opening opportunities, not about resisting technology but about owning it, shaping it, and ensuring it serves humanity.
CONCLUSION
Africa stands at a crossroads. The choices made today about AI governance, data sovereignty, and technological infrastructure will determine whether the continent remains a passive consumer of foreign systems or emerges as an active shaper of global digital futures. To avoid a new wave of digital colonialism, African states must embed ethics, sovereignty, and inclusion into their AI policies, invest in indigenous innovation, and strengthen regional collaboration. Only then can Africa wield the pen of authorship—crafting a digital destiny rooted in dignity, justice, and self-determination. (The end).
THOUGHTS FOR THE WEEK
“Historically, privacy was almost implicit, because it was hard to find and gather information. But in the digital world, whether it’s digital cameras or satellites or just what you click on, we need to have more explicit rules – not just for governments but for private companies”. – Bill Gates.
“Social media is changing the way we communicate and the way we are perceived, both positively and negatively. Every time you post a photo, or update your status, you are contributing to your own digital footprint and personal brand” – Amy Jo Martin.
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The Oracle
The Oracle: The New Digital Colonialism: Navigating AI Policy Under Foreign Tech Dominance (Pt. 4)
Published
2 weeks agoon
March 27, 2026By
Eric
Prof Mike Ozekhome SAN
INTRODUCTION
The last episode of this treatise concluded our examination of the preferences of the Western (US, EU) and Eastern (China) hemispheres on the subject after which we considered the dangers of weak localization and disproportionate influence of foreign technology on African ecosystems. This was followed by an analysis of the issues generated by AI policy and later we looked at what African States needs to do to tackle the challenge-using Nigeria as a case study. Today, we shall continue with same with special emphasis on the pen in the trans-continental transformation of AI technology and later x-ray the need for technological sovereignty and for crafting an indigenous AI policy agenda. We shall then conclude with an overview of lessons from abroad including the US, EU and China. Enjoy.
AI POLICY AND DIGITAL TRANSFORMATION IN AFRICA, WHO WIELDS THE PEN?
In one sentence, we wield the pen. Our governments, independent state actors, entrepreneurs, African men, women and youth all share in this responsibility. The future of Africa’s digital transformation depends on whether we choose to author our own story or allow others to continue writing it for us.
Africa is witnessing an increasing call for technological sovereignty: the ability to control our own infrastructure, data and innovations. This idea, central to decolonial frameworks, insists that we must move away from being a passive consumer of technologies and reclaim control of its digital future. Kwame Nkrumah emphasized the importance of pan-African cooperation for achieving sovereignty. That vision today extends to the digital realm, where regional collaboration and homegrown solutions are critical for breaking dependency on Western corporations. Achille Mbembe further argues that Africa should leverage indigenous knowledge systems and local resources to create technologies that reflect African values, rather than merely importing Western tools ill-suited to its unique needs.
The digital divide between Africa and the West is not merely technical; it is rooted in structural and historical inequalities. The continent’s persistent reliance on foreign technologies reflects centuries of global imbalances that continue to shape how resources and knowledge flow. A central issue is technological dependency: Africa consumes technologies made elsewhere instead of shaping them (Tyler Robinson, ‘Navigating Digital Neocolonialism in Africa’ (cigionline.org) < www.cigionline.org/static/documents/DPH-paper-Stevenson_1.pdf > Accessed on 16th September, 2025).
Global tech giants dominate Africa’s digital landscape, extracting vast amounts of data without adequate investment in local infrastructure or people. Data extraction not only perpetuates Western dominance but also strips Africa of sovereignty over its own digital futures. Without robust regulations or sufficient local technological capacity, African nations remain vulnerable to these external forces.
NEED FOR TECHNOLOGICAL SOVEREIGNITY
Against these challenges, the need for technological sovereignty becomes undeniable. Africa must not remain a passive participant in the global digital economy. We must take proactive steps to build our own technological infrastructure and policies. Sovereignty in the digital age is not just about access but about authorship: designing systems that align with African values, priorities and aspirations. Some progress is already visible. Many governments are beginning to reclaim data oversight by establishing national data centres, such as those in Benin and Togo. These centres enable local data governance and prevent exploitation. Even when international institutions provide support, African states are increasingly insisting on local ownership and oversight (ibid).
Partnerships and trade agreements have also played a role in shaping Africa’s digital transformation, sometimes limiting, sometimes enabling. The Policy and Regulatory Initiative for Digital Africa (PRIDA), funded by the European Union and implemented by the African Union, supports broadband access, harmonized digital policies, and the capacity to implement them. While the framework is influenced by European legislation, it ensures stronger protections for African citizens. The Pan-African e-Network Project, originally launched in India but now African-led, connects countries via satellite and fibre, enabling teleeducation and telemedicine across borders. It demonstrates that partnerships can succeed when they are driven and managed by Africans. Similarly, the Smart Africa Alliance was established to transform the continent into a collaborative digital market. By centring ICTs within socio-economic development agendas, the alliance promotes sustainable policies, digital infrastructure, and affordable access across its member states.
TOWARD AN INDIGENOUS AI POLICY AGENDA: RECOMMENDATIONS
While significant progress has been made, more must be done to ensure that Africa wields the pen in shaping its digital destiny. Recommendations emerging from this discussion are clear:
1. Prioritize investment in indigenous technologies and local innovation rather than relying primarily on foreign solutions.
2. Expand digital literacy and capacity-building across the continent to empower citizens to participate meaningfully in the digital economy.
3. Strengthen regional collaboration by developing a unified digital strategy that reflects Africa’s collective interests and unique needs.
4. Establish and enforce robust regulatory frameworks to protect data, safeguard citizens, and curtail exploitative practices of global tech corporations.
5. Pursue strategic partnerships with external actors only on terms that guarantee local ownership, oversight, and long-term autonomy.
6. Operationalise Ethics by Design across all AI and digital identity systems by embedding impact assessments, fairness audits, user consent, and accountability mechanisms at every stage—from policy formulation to system deployment.
7. Mandate algorithmic explainability and independent auditing for all AI models impacting critical sectors such as healthcare, credit, policing, and education, ensuring transparency and bias detection.
8. Localise and secure data within national borders by requiring sensitive national datasets to be stored in certified local data centres, supported with investments in infrastructure and cybersecurity.
9. Extend NDPA protections to vulnerable and marginalised communities by enabling inclusive identity verification methods, community-based registration agents, and exemptions for hard-to-reach populations.
10. Establish a Public Interest Technology Task Force composed of ethicists, technologists, civil society, and legal scholars to provide oversight and human rights evaluations before new systems are rolled out.
11. Prioritise national capacity building in data ethics and digital rights through mandatory training for government agencies, judiciary, MDAs, and law enforcement bodies.
12. Make digital consent comprehensible, accessible, and verifiable by requiring plain-language terms, local translations, audio/visual options, and legal avenues to revoke consent.
13. Decentralise and democratise identity systems by adopting a federated model where local governments, trusted institutions, and community actors can verify identity, reducing exclusion and dependency on centralised systems.
14. Enforce mandatory Data Protection Impact Assessments (DPIAs) for high-risk public projects, with findings made public and subject to independent review; impose strict penalties for non-compliance.
15. Create civic engagement pathways in digital governance through open consultations, citizen assemblies on AI ethics, participatory monitoring, and data literacy campaigns to treat citizens as democratic stakeholders.
Only by embracing these recommendations can Africa move from dependency to sovereignty. This continent must wield the pen herself, authoring a digital future rooted in African values and aspirations and ensuring full participation in the global digital economy on our own terms.
LESSONS FROM THE EU, US AND CHINA
THE EU
1. The European Union’s AI Act provides a tiered, risk-based approach to regulating artificial intelligence, distinguishing between unacceptable, high, limited, and minimal risk. Obligations such as transparency, oversight, and outright bans are matched to the level of risk. For Africa, this model illustrates how to avoid over-regulating low-risk tools while ensuring strict oversight of high-risk applications.
2. Closely tied to this is the EU’s privacy-by-design approach, anchored in the General Data Protection Regulation (GDPR). Here, privacy safeguards, data minimisation, and “by default” protections are integrated from the outset of system design. Africa can adopt this holistic model by embedding privacy and data rights into both law and practice, with strong enforcement mechanisms.
3. The EU also prioritises transparency, accountability, and liability. High-risk systems must undergo conformity assessments, independent audits, and documentation processes. Liability frameworks are being expanded to ensure that citizens can seek redress when harmed by AI systems. This provides a template for Africa to hold developers, deployers, and regulators accountable.
4. In addition, the EU AI Act prohibits certain practices outright, such as social scoring, manipulative techniques, and some forms of biometric surveillance. Setting non-negotiable boundaries protects citizens while providing clarity for innovators.
5. Finally, the EU demonstrates the value of operational readiness and compliance infrastructure. GDPR compelled companies to build compliance units (e.g., privacy officers, auditing mechanisms), which now serve as the foundation for AI oversight. Africa should similarly invest early in institutions, regulators, and technical capacity to ensure that laws are enforceable in practice.
THE UNITED STATES
1. The United States illustrates how rapid executive action can shape emerging technologies even before legislation matures. For instance, Executive Order 14110 (2023) on AI mandated agency risk assessments, civil rights considerations, and workforce planning. Africa can similarly use presidential or ministerial directives to establish immediate governance frameworks while legislative processes catch up.
2. The Blueprint for an AI Bill of Rights (2022) articulates citizen protections, including transparency, fairness, privacy, and the right to opt out. This offers a model for Africa to enshrine AI-related rights in constitutional or statutory instruments, ensuring that protections are not left as policy afterthoughts.
3. The U.S. also underscores the importance of equity and non-discrimination. Policies emphasize audits, training, and oversight in areas such as employment, housing, health, and policing to prevent algorithmic bias. Africa should follow this lead by embedding protections for marginalized groups into its AI strategies, addressing gender, ethnic, and rural-urban disparities
4. At the same time, the U.S. demonstrates how innovation and competition can be promoted alongside regulation. Federal agencies such as NIST, together with grant schemes and research funding, stimulate startups and infrastructure growth. For Africa, combining protective regulation with incentives for local innovation will ensure that governance does not stifle creativity or competitiveness.
CHINA
1. China’s national AI strategy highlights the power of entrepreneurial hubs and incubators as engines of innovation. Africa can adapt this model by building regional AI hubs that connect academia, industry, and startups while attracting diaspora talent.
2. China also leveraged digital financial inclusion by integrating AI into mobile payments and lending platforms. With Africa’s mobile money infrastructure already strong (e.g., M-Pesa), scaling digital finance to directly support entrepreneurs could accelerate indigenous innovation.
3. Through initiatives like Made in China 2025, China has pursued indigenous innovation and self-sufficiency, investing in local chip design, cloud infrastructure, and AI frameworks. Africa, too, must localize its data, develop homegrown AI models, and reduce dependence on foreign technology.
4. The country’s advances in AI for healthcare: diagnostics, wearables, predictive analytics, demonstrate how technology can bridge systemic service gaps. Africa could apply similar solutions to leapfrog chronic shortages in health systems.
5. China’s Digital Silk Road shows how digital exports can extend influence abroad. Africa can flip this approach by creating an African Digital Corridor, exporting its innovations and setting standards based on African values.
6. At the same time, China’s struggles with semiconductors underscore the risks of supply chain dependency. Africa must build resilience through semiconductor R&D, local cloud infrastructure, and open-source software ecosystems.
7. Finally, China shows how standards and regulation can be tools of global influence. By actively shaping AI governance in developing regions, it is carving out international leadership. Africa, through the AU and AfCFTA, can harmonize its own AI standards, strengthening its voice in global digital policy debates. (To be continued).
THOUGHT FOR THE WEEK
“Over time I think we will probably see a closer merger of biological intelligence and digital intelligence”. (Elon Musk).
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The Oracle
The Oracle: The New Digital Colonialism: Navigating AI Policy Uunder Foreign Tech Dominance (Pt. 3)
Published
3 weeks agoon
March 20, 2026By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
The last installment of this intervention traced the evolution of AI, reviewed notable developments in its trajectory; its African dimension and policy trend therein and beyond. This week’s feature goes further afield, reviewing the position in the US, the EU and China. Thereafter we consider the dangers of weak localized and disproportionate influence of foreign technology on African innovation ecosystem. This is followed by a discussion of the issues generated by AI policy and what African States need to do – using Nigeria as an example/template. Enjoy.
USA, EU, CHINA’S PREFERENCES (Continues)
In Africa, the policy landscape is accelerating but uneven. The Global AI Index (www.diplomacy.edu/resource/report-stronger-digital-voices-from-africa/ai-africa-national-policies/ > (Diplomacy.Edu) Accessed on 10th September, 2025) categorizes most African countries as lagging: Egypt, Nigeria and Kenya as nascent, and Morocco, South Africa and Tunisia as waking up (Techpoint Africa, < www.facebook.com/TechpointAfrica/posts/africas-ai-policy-why-a-copy-and-paste-approach-will-fail-this-time-every-countr/1064672189125910/> (Facebook.com, 22nd July, 2025) Accessed on 10th September, 2025). Mauritius led with an AI strategy (Mauritius Artificial Intelligence Strategy, November, 2018 < https://treasury.govmu.org/Documents/Strategies/Mauritius%20AI%20Strategy.pdf > (Treasury.govmu.org) Accessed on 10th September, 2025), followed by Kenya’s AI and blockchain task force (2019) (Kenya Artificial Intelligence Strategy < https://ict.go.ke/sites/default/files/2025-03/Kenya%20AI%20Strategy%202025%20-%202030.pdf > (Ict.go.ke) Accessed on 10th September, 2025), its Digital Master Plan (2022) (Kenya Digital Master Plan, 2022 – 2032 < https://cms.icta.go.ke/sites/default/files/2022-04/Kenya%20Digital%20Masterplan%202022-2032%20Online%20Version.pdf > (Ict.go.ke) Accessed on 10th September, 2025), and Rwanda’s AI policy (Thompson Gyedu Kwarkye, ‘AI policies in Africa: lessons from Ghana and Rwanda’ (TheConversation.com, 25th April, 2025) < https://theconversation.com/ai-policies-in-africa-lessons-from-ghana-and-rwanda-253642 > Accessed on 10th September, 2025), which reflects its national security priorities. Nigeria, Ghana, Uganda, Algeria and South Africa have also announced or drafted
AI policies, often framed around economic growth and innovation.
Continental initiatives, such as the African Union’s Digital Transformation Strategy (African Union, ‘THE DIGITAL TRANSFORMATION STRATEGY FOR AFRICA (2020-2030)’ < https://au.int/sites/default/files/documents/38507-doc-dts-english.pdf > Accessed on 10th September, 2025) and the World Bank’s DE4A program (< www.worldbank.org/en/programs/all-africa-digital-transformation > Accessed on 10th September, 2025), emphasize infrastructure, skills and inclusion, but implementation remains fragmented.
Still, foreign influence looms large. Many African AI and data governance frameworks are modeled directly on external templates, particularly the EU’s General Data Protection Regulation (GDPR) (< https://gdpr.eu/what-is-gdpr/ > Accessed on 10th September, 2025). Nigeria’s NDPR (< https://nitda.gov.ng/wp-content/uploads/2021/01/NDPR-Implementation-Framework.pdf > Accessed on 10th September, 2025), a near copy of the GDPR, introduced concepts like consent, data subject rights and cross-border transfers. While it helped raise awareness and created local compliance industries, it omitted key protections (such as breach notifications, children’s rights and strong enforcement). Similar GDPR-inspired laws have been enacted in Ghana, Kenya and South Africa. This copy-paste strategy provides structure but often lacks localization, leaving gaps in enforcement and contextual fit (Bolu Abiodun ‘Africa’s AI policy: Why a copy and paste approach will fail this time’ (Techpoint.Africa, 22nd July, 2025) < https://techpoint.africa/insight/africas-ai-policy-copy-paste/ > Accessed on 10th September, 2025).
Critics warn that the real problem is not copying but exclusion. As Mozilla’s Kiito Shilongo and other researchers argue, many African AI policies are drafted with heavy input from foreign agencies and consultants, while local communities, startups, and civil society are sidelined. This participatory deficit means policies risk reflecting donor interests more than citizens’ rights. In Rwanda, for example, AI policy was shaped through government agencies and international NGOs with a strong focus on security. Ghana’s was more inclusive, involving startups, academia and telecoms, but leaned toward development goals over safety. Both approaches highlight the political nature of AI policymaking and the different ways foreign partnerships shape outcomes.
DANGERS OF WEAK LOCALIZATION
The consequences of weak localization are serious. AI systems trained abroad often misidentify African faces, misinterpret African languages, and replicate systemic biases, raising concerns about discrimination and digital rights. Yet, while African AI strategies often mention ethics and human rights, we lack the institutions and consultation processes such as the six-month public consultations typical in the EU that make such commitments enforceable. As Shilongo notes, perhaps Africa should copy less of the content of Western frameworks and more of the participatory processes that make them legitimate.
In short, Africa’s AI policy moment reflects both progress and peril: policies are emerging, but without deeper local ownership, institutional capacity and participatory design, we risk entrenching dependency rather than building sovereignty.
DISPROPORTIONATE INFLUENCE OF FOREIGN TECHNOLOGY ON AFRICAN INNOVATION ECOSYSTEMS – REAL LIFE EXAMPLES
The critique of foreign dominance in Africa’s digital space is best illustrated through concrete examples that reveal how global technology companies shape local innovation ecosystems, often in ways that mirror older colonial patterns of extraction and dependency.
Language exclusion: Africa is home to over 2,000 languages (https://alp.fas.harvard.edu/introduction-african-languages > Accessed on 16th September, 2025), around one-third of the world’s total, yet, as of May 2024, Apple’s Siri, Google Assistant and Amazon’s Alexa collectively support none of them. This linguistic exclusion reinforces dependency on foreign platforms while marginalizing African cultures in the digital sphere.
Exploited labour: In 2019, South African graduate Daniel Motaung began work as a content moderator for Sama, a subcontractor for Facebook. Relocated to Kenya, he earned $2.20 per hour to review traumatic content described by colleagues as “mental torture”. When Motaung and others attempted to unionize, he was dismissed and later sued Sama and Facebook for union-busting and exploitation. This case underscores how “responsible outsourcing” in Africa often conceals exploitative labor practices.
Resource extraction: The Democratic Republic of Congo holds nearly half of the world’s known cobalt reserves, vital for powering smartphones and electric cars. In Kolwesi alone, thousands of children reportedly mine cobalt under dangerous conditions, while profits flow largely abroad. Much like colonial resource extraction, Africa provides the raw materials that power global digital economies but sees little local benefit.
Surveillance and bias: In Johannesburg, Vumacam has deployed more than 5,000 CCTV cameras integrated with AI analytics for private security firms. Activists warn that this reliance on facial recognition, already proven to misidentify darker-skinned faces at disproportionately high rates entrenches South Africa’s long history of racialized surveillance. Foreign-designed technologies thus risk reinforcing systemic inequalities under the guise of safety.
Connectivity myths: Mark Zuckerberg’s Internet.org initiative (launched in 2013) was marketed as a philanthropic effort to connect the unconnected. Projects like Free Basics promised free access to online services in over 60 countries. Yet leaked documents revealed that millions of Global South users were secretly charged for “free” data, generating nearly $100 million in 2021 alone. Framed as altruism, these projects extended Facebook’s market reach while extracting revenue from vulnerable populations.
Taken together, these examples reveal how global technology firms, mostly U.S.-based, operate in Africa with strategies that echo colonial logics. They build critical infrastructures (clouds, platforms, connectivity) aligned with their own commercial interests, entrench market monopolies and rely on low-wage labour or raw resource extraction with little local reinvestment. Their technologies often embed cultural and racial biases reflective of narrow developer demographics, yet are exported globally under the banner of “progress,” “development,” or “connecting people.”
As Western jurisdictions strengthen data protection and AI regulation, African countries often remain vulnerable due to weaker frameworks and limited enforcement capacity. This asymmetry creates fertile ground for digital colonialism; a modern-day “Scramble for Africa” where foreign firms extract and control data much like colonial powers once extracted minerals (Danielle Coleman, ‘Digital Colonialism: The 21st Century Scramble for Africa Through Extraction and Control of User Data and the Limitations of Data Protection Laws’ (Law.Umich.Edu) < https://repository.law.umich.edu/mjrl/vol24/iss2/6/ > Accessed on 16th September, 2025). Under the guise of innovation, these companies wield disproportionate influence over African AI and digital ecosystems, shaping policy choices, technical architectures, and even societal norms, while leaving Africa in a position of dependency rather than empowerment.
THE ISSUES GENERATED BY AI POLICY
While global AI policy is advancing through risk-based regulation, ethical standards, and participatory governance, Africa’s AI landscape remains fragmented, heavily modeled on external frameworks, and vulnerable to digital dependency. The disproportionate power of foreign technology companies manifested in many ways including linguistic exclusion, exploitative labour, resource extraction, biased surveillance and deceptive connectivity projects echoes colonial logics of extraction and control. Without decisive intervention, the continent risks entrenching digital colonialism, a new form of dependency in which policy choices, infrastructures and innovation ecosystems are shaped externally, undermining both democratic values and long-term development.
WHAT AFRICAN STATES MUST DO
To avoid replicating historical asymmetries in digital form, African states must assert sovereignty over their AI policies, data governance and digital infrastructures. This requires moving beyond passive adoption toward active regulatory design, investment in local infrastructure (such as data centers, compute resources and research capacity) and strengthening institutional oversight with technically competent regulators. Equally critical is the creation of participatory policy processes that center human rights, economic development, and indigenous innovation. Only by combining legal safeguards, domestic capacity, and strategic partnerships built on equality, not dependence, can Africa transform digital technologies into engines of genuine development rather than renewed extraction.
THE NIGERIAN EXAMPLE: DATA SOVEREIGNTY OR DATA SURRENDER
With the rapid expansion of national digital infrastructure across Nigeria, a far more pressing issue has risen to the fore: the question of who truly owns and governs the data that powers this infrastructure. As digital systems increasingly underpin the delivery of public services, financial transactions, education platforms, health records, and national security functions, data becomes not only a technical asset but a core element of state power. Data sovereignty means that data generated within a country’s borders is governed by that nation’s laws and regulatory frameworks; this ensures local control over data access, storage, and usage (Folashadé Soulé, ‘Digital Sovereignty in Africa: Moving beyond Local Data Ownership’ CIGI (2024) <https://www.cigionline.org/publications/digital-sovereignty-in-africa-moving-beyond-local-data-ownership/> Accessed on the 14th of June, 2025.). It has become a critical aspect of national policy and governance. In Nigeria, this issue has grown increasingly complex, particularly in light of the pervasive presence of foreign cloud providers, offshore data processors, and international technology firms that collect, process, and sometimes export Nigerian user data without clear or enforceable jurisdictional frameworks.
Foreign digital platforms have historically played a central role in the Nigerian data ecosystem either as providers of essential services like email, storage, and analytics, or as developers of social media and financial applications used daily by millions of Nigerians (Fola Odufuwa et al., ‘Digital Technology Adoption by Microenterprises: Nigeria Report’ (2024) <https://www.researchgate.net/publication/383202125_Digital_Technology_Adoption_by_Microenterprises_Nigeria_Report> Accessed on the 14th of June, 2025.). While these platforms often promise global connectivity and technical sophistication, they also introduce serious risks. Data generated within Nigeria is frequently routed through foreign servers, stored in jurisdictions with significantly different privacy protections, and subjected to external political and commercial interests (Patrick Aloamaka, ‘DATA PROTECTION AND PRIVACY CHALLENGES IN NIGERIA: LESSONS FROM OTHER JURISDICTIONS’ UCC Law Journal (2023) 3 (1).). This dislocation of Nigerian data is what scholars term extraterritorial data flow which raises serious questions about control, privacy, and national security. The potential misuse of this data, whether for commercial exploitation, surveillance, or even geopolitical leverage, makes the issue of domestic data governance all the more urgent. (To be continued).
THOUGHT FOR THE WEEK
“Over time I think we will probably see a closer merger of biological intelligence and digital intelligence”. (Elon Musk).
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