The Nigeria Data Protection Commission (NDPC) has partnered with private sector ICT firms to explore the use of adaptive regulatory sandboxes as a framework for integrating Artificial Intelligence (AI) into data protection systems while promoting cross-border innovation.

This development was disclosed at a one-day workshop held in Abuja titled “Co-Creation Lab on Africa Sandboxes for AI”, which also featured the presentation of the African Sandbox Outlook report.

The workshop provided a platform to evaluate how regulatory sandboxes can serve as controlled testing environments for AI technologies, fostering data-driven innovation across Africa.

Delivering his remarks, the National Commissioner of NDPC, Dr. Vincent Olatunji—represented by Ms. Adaobi Nwankwo, Head of the Commission’s Innovation Unit—highlighted the importance of sandboxes in advancing responsible AI.qq

“Sandboxes aim to encourage responsible AI, foster compliance with the Nigeria Data Protection Act (NDPA), and promote trust, fairness, accountability, and transparency,” Olatunji said. “The goal is to create a competitive environment for AI developers and data scientists while addressing Africa’s unique challenges.”

He stressed that for regulatory sandboxes to be effective, they must operate within real-time legal frameworks that support rigorous testing of AI and data-based solutions.

Also speaking at the event, the Executive Vice Chairman of the Nigerian Communications Commission (NCC), Dr. Aminu Maida—represented by Mr. Babagana Digima, Deputy Director of New Media and Information Security—described regulatory sandboxes as key instruments for collaborative policy development.

“Sandboxes provide a controlled environment for innovators to test AI under regulatory supervision. This encourages collaborative learning, risk mitigation, and evidence-based policymaking,” he noted, adding that the NCC is aligning its sandbox initiatives with the National Artificial Intelligence Strategy, the Digital Economy Policy, and the NDPA.

Principal Consultant at Kontemporary Konsulting, Dr. Jimson Olufuye, emphasized the need for greater regulatory alignment across African countries to ensure seamless data flows and AI integration. “We need to optimise data protection processes and scale products across West Africa. There’s a need for sandboxes that support cross-border interoperability and AI systems embedded with robust governance structures,” he said.

In her remarks, Ms. Morine Amutorine, Africa Lead for the Datasphere Initiative, reiterated that AI sandboxes are implementable even in countries with developing regulatory systems. She noted that sandboxes help assess the real-world impact of AI and identify regulatory gaps that may need addressing.

The African Sandbox Outlook report, presented at the workshop, underscored the growing recognition of sandboxes as essential tools for testing both regulatory and technical aspects of AI and data governance. It concluded that regulatory sandboxes are pivotal for overcoming Africa’s data governance challenges and unlocking innovation across the continent.

The event attracted stakeholders from regulatory bodies, tech firms, civil society, and academia, all unified in their commitment to shaping a future where innovation and data protection go hand in hand.

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In response to the evolving landscape of online threats and the imperative to align with global standards, Nigeria is considering a comprehensive overhaul of its cybersecurity infrastructure.

Dr. Jimson Olufuye, the Chair of the Advisory Council of Africa ICT Alliance, advocates for fundamental changes in the existing Cybercrime Act of 2015.

During the public hearing on November 22, 2023, at the National Assembly complex for the amendment of the Cybercrimes (Prohibition, Prevention) Act 2015, Dr. Jimson Olufuye, Principal Consultant at Kontemporary Konsulting Ltd and Chair of the Advisory Council at AfICTA, presented a memorandum to the Joint Committee of the Senate and House of Representatives on National Security & Intelligence, and Cybersecurity.

He suggested changing the Act’s title to the Nigeria Cybersecurity Act 2023 to align with the United Nations Economic Commission for Africa (UNECA) recommendation for a model Cybersecurity Law, emphasizing security in addition to combating cybercrime.

Referring to Section 38(1), Dr. Jimson Olufuye advocated for a revision from “Records retention and protection of data by service providers” to “Data preservation and protection of data by service providers.” His reasoning includes ensuring consistency in discussing data rather than records and emphasizing the term “preservation” over “retention” for various reasons. His further submission can be accessed through the document below.

United Nations’ Emphasis on Cybersecurity

The United Nations Human Rights Council’s resolution of July 2012 underscores the importance of safeguarding citizens’ rights in the digital realm. This has prompted a global recognition that rights, including security, extend seamlessly from the physical to the online world.

Case for a Dedicated Cybersecurity Agency

Dr. Olufuye argues for the creation of an Agency for Cybersecurity Coordination and Cybercrime Enforcement (A3CE), operating under the Office of the National Security Adviser (ONSA). This agency would coordinate various Computer Emergency Response Teams (CERTS), safeguard Critical National Infrastructure (CNI), conduct cyber research and intelligence, and prosecute cybercrimes.

International Models and Nigeria’s Lagging Response

Several nations, including Togo, Rwanda, Ghana, the European Union, and the United States, have established dedicated cybersecurity agencies to address the evolving digital threats.

Nigeria, however, lags behind in adopting and ratifying international cybersecurity conventions, exemplified by its inaction on the Africa Union Convention on Cybersecurity and Personal Data Protection.

Drawbacks in the Current Cybercrime Act

The current Nigerian Cybercrime Act of 2015 faces implementation challenges due to an ineffective mechanism, the absence of a coordinating body, and conflicting directives on law enforcement procedures during cybercrime investigations.

Proposal for a Title Change: Nigeria Cybersecurity Act 2023

Dr. Olufuye recommends a title change to the Nigeria Cybersecurity Act 2023, aligning with the United Nations Economic Commission for Africa’s model Cybersecurity Law. This proposed shift emphasizes the need to prioritize cybersecurity over merely combating cybercrime.

Global Collaboration: The Lome Declaration and African Centre for Cybersecurity

The Lome Declaration on Cybersecurity and Fight Against Cybercrime, agreed upon by African Heads of States (excluding Nigeria), signals a commitment to establish frameworks to combat cybercrime.

The recently formed African Centre for Coordination and Research in Cybersecurity (ACCRC) in Togo aims to facilitate this collaboration.

Key Amendments Proposed by Dr. Olufuye

Dr. Olufuye suggests crucial amendments to the Cybercrime Act, focusing on data preservation by service providers.
He recommends a change in terminology from “Records retention” to “Data preservation” to maintain consistency and reduce the burden on service providers.
Additionally, he calls for specifying the type of traffic data to be preserved to prevent unnecessary economic strain.

In conclusion, Dr. Jimson Olufuye’s proposals aim to transform Nigeria’s approach to cybersecurity, aligning it with international standards and emphasizing the importance of proactive measures over reactive responses.

The potential overhaul is not only crucial for national security but also for economic development, as demonstrated by recent research indicating a positive correlation between cybersecurity maturity and GDP per capita.

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