The Oracle
The Oracle: Justice Denied? The Supreme Court’s Judgment in Sunday Jackson’s Self-Defence Case (Pt. 1)
Published
11 months agoon
By
Eric
By Prof Mike Ozekhome SAN
Introduction
The recent Supreme Court judgment in SUNDAY JACKSON V. STATE (SC/CR/1026/2022), delivered on the 7th of March, 2025, has sparked widespread legal and moral outrage across Nigeria. In affirming the death sentence handed down by the trial court, the apex court failed to deliver substantial justice in a case marked by procedural breaches, rigid legalism, and a troubling disregard for the fundamental right of self-defence. This essay critically examines the judgment, arguing that it is unjust, perverse, unscholarly, and wholly unjustified in both reasoning and outcome.
In a nation where the winds of uncertainty often shake the pillars of governance, the judiciary stands as the last bastion of hope, a symbol of justice, fairness and the enduring promise that truth can still prevail in Nigeria.
The gravity of judicial responsibility, particularly at the level of the Supreme Court of Nigeria, cannot be overstated. As the apex court and final arbiter of justice, the Supreme Court stands as the ultimate guardian of the Nigerian Constitution, the protector of public rights, and the interpreter of the law. Its pronouncements not only resolve individual disputes but also shape the trajectory of national jurisprudence, social order, and democratic integrity. A single judgment from the Supreme Court becomes binding precedent, reverberating through all lower courts and across the institutions of governance. This elevated position demands that its Justices of the apex court exercise the highest levels of legal intellect, moral integrity and impartial deliberations unclouded by politics, fear, favour, prejudice or personal interest.
The sanctity of the Court rests on the public’s faith in its wisdom, objectivity and commitment to justice. Citizens turn to the judiciary when every other organ of government has failed them; it is the last hope of the common man. Therefore, a poorly reasoned or blatantly biased judgment from the Supreme Court does more than harm the litigants before it inflicts deep and lasting damage on the national psyche. It sows seeds of cynicism and disillusionment, erodes confidence in the rule of law, and emboldens lawlessness in both high and low places. Worse still, inconsistent or politically tainted decisions fracture the coherence of the legal system, leaving lower courts unsure, litigants confused, and legal practitioners adrift. In a society already grappling with instability, corruption, and contested democratic norms, the Supreme Court’s responsibility becomes even more sacrosanct. Its every judgment must be a beacon of clarity, fairness and constitutional fidelity, because when justice falters at the summit, the entire legal edifice trembles beneath it.
The Sunday Jackson Metaphor
With every passing day, Sunday Jackson, draws closer to having a noose around his neck and a chair kicked from under him. He awaits a governor’s signature, his fate balanced between the executioner’s grip and the taste of freedom. The final conviction and death sentence passed on Sunday Jackson, a young farmer from Adamawa State, has sparked both legal and moral outrage, not only because of the Supreme Court’s judgement but also due to the broader implications it carries for justice, equity and the ordinary Nigerian’s faith in the law. At the heart of this case is a man, living in a region marred by years of deadly conflict between pastoralist herders and sedentary farmers, an environment where survival is often tied to the right to defend one’s land and life. Most Nigerians believe that the justice edifice failed citizen Jackson from the High Court, through to the intermediate court and up to the Supreme Court.
Summary of Facts
SUNDAY JACKSON V. THE STATE (SUPRA)
On the 7th of March, 2025, the Supreme Court of Nigeria delivered a judgment that sent shockwaves through legal and civil society circles. The apex court upheld the death sentence passed Sunday Jackson, a local farmer from Adamawa State, who had been convicted of killing a Fulani herdsman, Ardo Bawuro, during a violent encounter on his farmland. The facts surrounding the case raised significant questions about fairness, judicial reasoning and the fundamental right to self-defence.
The incident that led to Jackson’s prosecution occurred sometime in 2018 in Kodomti, Numan Local Government Area of Adamawa State. Jackson had gone to harvest thatching grass on his farm when he was confronted by Bawuro, who allegedly accused him of being involved in the killing of his cattle. A confrontation ensued. According to Jackson’s statement, Bawuro attacked him with a dagger. In the struggle that followed, Jackson managed to disarm him and, in a bid to protect himself, stabbed Bawuro in the neck multiple times. The herdsman died from his injuries. Jackson fled the scene but was later apprehended and charged with culpable homicide punishable with death.
The Judgement And Some Legal Challenges
Despite Jackson’s plea of self-defence, the trial court in Adamawa state and subsequently the Court of Appeal, rejected his argument and found him guilty of murder under Section 221 of the Penal Code. The Supreme Court, in affirming this decision, concluded that Jackson’s use of force was excessive and unnecessary once the threat was neutralized by his having disarmed his assailant. This reasoning, however, has not gone unchallenged.
The judgment, which took 167 days to be delivered after the final written addresses far exceeding the 90-day constitutional deadline raises serious procedural concerns. Section 294(1) of the 1999 Constitution mandates that judgments must be delivered not later than 90 days after the conclusion of arguments. Legal analysts argue that such delays not only breach constitutional provisions but also affect the credibility and validity of judgments, especially in capital cases where human life is at stake.
Even more contentious was the court’s interpretation of self-defence. While acknowledging that self-defence is a complete defence to murder, the court still found that Jackson fulfilled only part of the legal criteria. According to the judgment, although Jackson did not provoke the attack and was in immediate peril, he failed to retreat once he had disarmed the deceased. The court reasoned that having seized the dagger, Jackson no longer faced an imminent threat and should have fled instead of retaliating with deadly force. This position has been widely criticized as unrealistic and disconnected from the realities of violent encounters.
Jackson’s claim was consistent and straightforward; he acted instinctively to preserve his life in the face of sudden, life-threatening danger. The stabbing occurred during a physical struggle. The notion that he had a clear and safe opportunity to flee while entangled in a fight with an armed opponent is, at best, speculative and, at worst, a dangerous oversimplification of a clear and perfect danger to his life. The apex court appeared to construct a simplistic mental narrative that did not align with the raw, chaotic nature of real-life violence.
The most alarming aspect of the judgment was the court’s failure to apply the doctrine of excessive self-defence, which is well recognized under Section 222(2) of the Penal Code. This provision reduces a murder charge to manslaughter where death occurs in the course of self-defence but with force that exceeds what is reasonably necessary. In similar cases, such AS OKONKWO V STATE (1998) 4 NWLR 143 CA, the courts acknowledged the value of subjective human reaction under extreme fear and pressure. The Supreme Court, in Jackson’s case, chose a strictly objective standard and ignored compelling evidence that Jackson acted in a state of panic and fear.
In a nation plagued by constant deadly farmer-herder clashes, often fueled by a failure of state security and law enforcement, the case of Sunday Jackson represents a grim reminder of how legal rigidity can compound social injustice. The Supreme Court had an opportunity to clarify and evolve the jurisprudence of self-defence in Nigeria to align it with human reality, constitutional guarantees, and moral common sense. Instead, it chose a path, in my humble thinking, that seems more invested in procedural technicality than in substantial justice.
As the Supreme Court famously held, justice, ultimately, must not only be done but must be seen to have been done. In Sunday Jackson’s case, it appears neither was. See ADMINISTRATOR & EXECUTOR OF THE ESTATE OF ABACHA V SAMUEL DAVID EKE-SPIFF & ORS (2009) LPELR – 3152 and R. V. SUSSEX JUSTICES EXPARTE MCCARTHY (1924) 1KB 256 at 259.
Overview Of The Supreme Court Judgement: Points Of Concern
1. Procedural Irregularities and Constitutional Violations in judgment delivery
One of the most glaring issues with the judgment is the court’s failure to address a fundamental procedural breach, the inordinate delay in judgment delivery. Section 294 (1) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) mandates that courts must deliver judgment within 90 days of final addresses. In Jackson’s case, after final written submissions on the 27th of August, 2020, judgment was not delivered until the 10th of February, 2021, a staggering 167-day delay. This delay not only breached the Constitution but also the Administration of Criminal Justice Law of the state, which guards against undue delay in criminal trials. And as the saying goes, justice delayed is justice denied. See the cases of COLLEGE OF EDUCATION EKIADOLOR & ORS V OBAYAGBONA (1028) LPELR-40154 (CA) and DIAMOND BANK PLC V SLIMPOT (NIG) LTD (2018) LPELR-41612 (CA).
Such procedural irregularities are not mere technicalities when the life of an accused is on the line. Legal precedent and statutory provisions affirm that a judgment delivered outside constitutional limits is voidable, especially when it could amount to a miscarriage of justice. Yet, the Supreme Court chose to sidestep this error, affirming a death sentence based on a tainted process. The implications of this oversight go beyond Jackson’s case; it undermines public confidence in the judiciary’s ability to uphold its own rules.
2. Misapplication of the Doctrine of Self-defence
The Supreme Court’s narrow and mechanical application of the self-defence doctrine marks another troubling aspect of the judgment. By Jackson’s uncontested account, he was suddenly and violently attacked by the deceased, a herdsman armed with a dagger. A physical struggle ensued, during which Jackson managed to disarm the attacker and, in a moment of survival instinct, stabbed him multiple times. Jackson then fled the scene.
The court held that once Jackson had disarmed his assailant, he was no longer in danger and should have retreated. This finding was both speculative and disconnected from the realities of close-combat self-defence. The retrieval of the weapon and the fatal stabbing occurred nearly simultaneously, during an intense physical altercation. The court’s assumption that Jackson had a viable opportunity to retreat was not supported by the available evidence. It further ignored the psychological turmoil and imminent threat Jackson faced at that moment.
Even if Jackson exceeded reasonable force in the heat of the encounter, section 222(2) of the Penal Code clearly states that where death results from excessive force used in self-defence in good faith, the appropriate charge is manslaughter, not murder. The court’s refusal to consider this statutory mitigation reveals a disturbing commitment to technical rigidity over fair and context-sensitive adjudication. (To be continued).
Though for the week
“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice”. (Montesquieu).
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The Oracle
The Oracle: The New Digital Colonialism: Navigating AI Policy Under Foreign Tech Dominance (Pt. 5)
Published
1 day 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
1 week 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
2 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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