Ethical Use of AI

THE FIRMA ADVISORY FACILITATES A 2-DAY TRAINING ON THE ETHICAL USE OF AI FOR HEIRS HOLDINGS LIMITED

The Firma Advisory successfully facilitated a comprehensive capacity-building training program on Artificial Intelligence and the Law for legal practitioners and secretaries of Heirs Holdings Limited, one of Nigeria's largest investment holding companies. The training took place from August 29 to 30, 2024, marking a significant milestone not only for the Firm and Heirs Holding, but also for the broader legal landscape in Nigeria. This two-day training initiative reflects the commitment of several companies in Nigeria to staying at the forefront of technological advancements and aligns with global best practices in the use and regulation of artificial intelligence. 

The global community can no longer deny or neglect the presence and impact of artificial intelligence (AI). The advent of AI has sparked controversial and critical conversations for and against using AI tools across various sectors of the world. These conversations have spanned over time and have not yielded a proposed desire to eradicate AI. 

Conversely, AI has to be embraced since there is little or nothing to be done against it. The earlier we accept that AI is here to stay and find ways to mitigate the adverse effects it may pose, the better it will be for humans. In light of this reality, global efforts have been put together to harness the ‘powers’ of AI, regulate its use, and prescribe ethical standards for using AI tools. Following global efforts, private institutions have taken the initiative to regulate the use of AI tools in their organizations and this is what Heirs Holdings seeks to do. Therefore, they took the first step in this direction by seeking guidance on deploying AI tools and the regulatory standards to be upheld.

ABOUT THE FIRMA ADVISORY

The Firma Advisory is a law and consulting firm headquartered in Abuja, Nigeria. We are a dynamic team of young and visionary people who provide solutions that cut across legal advisory, public policy advisory, social impact, legislative drafting, and support services to clients within the private sector, and government and non-profit organizations. Our practice areas span tech law, energy law, intellectual property, business law, banking, and finance & equity among others. As a law firm specializing in technology, creativity, and innovation, we are dedicated to delivering exceptional legal and advisory services to meet the unique needs of our clients in the sector. We are also committed to fostering meaningful dialogue within the technology sector. This training on the use of artificial intelligence is one of many platforms where The Firma Advisory has championed the deployment of AI. 

ABOUT HEIRS HOLDINGS LIMITED

Heirs Holdings is a family-owned investment company committed to improving lives and transforming Africa. Their portfolio spans the power, oil and gas, financial services, hospitality, real estate, and healthcare sectors, operating in twenty-three countries worldwide. They are inspired by ‘Africapitalism’, the chairman, Tony O. Elumelu’s belief that the private sector is the key enabler of economic and social wealth creation in Africa.

Driven by this philosophy, they invest long-term, bringing strategic capital, sector expertise, a track record of business turnaround, and operational excellence to companies they invest in. Their philanthropy, the Tony Elumelu Foundation catalyzes entrepreneurship across Africa through its $ 100 million commitment to empowering young African entrepreneurs.

DAY ONE OF THE WORKSHOP

RESOURCE PERSONS:

  1. Ms. Chinenye Uwanaka – Co-Founder, Co-Convener, Africa Policy Conversations; Managing Partner, The Firma Advisory.

  2. Ms. Lavina Ramkissoon – aiMom, Adviser to AU/UN

  3. Arun Godwin Patel – CTO & Co-founder of Audico and Director of Halo Technology Lab.

  4. Chinedu Albert – Senior Associate, The Firma Advisory.

MODERATOR: Naomi Oboma – Associate, The Firma Advisory.

On the first day of the training, we saw an array of activities. The first speaker was Ms. Chinenye Uwanaka of the Firma Advisory, who spoke on understanding and defining the concept of artificial intelligence, and quick facts about AI globally, in Africa, and in Nigeria. The distinction between AI and human intelligence was drawn to understand how artificial intelligence works. A conclusion was reached that there are various aspects where human intelligence and artificial intelligence are bridged to produce excellent results. There was an activity where participants were asked to criticize the definition of AI by the EU AI Act, and a case study showing how Kenya is revolutionizing its agricultural sector by using AI.

The aiMom took the second session which looked into the evolution of AI & the African landscape of AI including developments, opportunities, and challenges. She began the evolution of AI from the foundation of science and technology, innovations accelerations – emerging and future accelerators, and future scenarios such as smart homes, smart grids, and smart cities; autonomous vehicles, energy internet, next-generation education, artificial narrow intelligence, and connected cars etc. She showed an AI timeline that began with the Turing Test of 1950 to Google’s Alphago of 2017, as well as global definitions of AI by countries such as the United States, China, Japan, the European Union, and Japan. Africa’s definition of AI as “a field of computer science that emphasizes the creation of intelligent machines that work and react like humans”. Key areas of AI include learning, reasoning, problem-solving, perception, and language understanding.  

On the African overview, there are AI strategies by countries such as Mauritius, Egypt, Benin Republic, Senegal, Morocco, Sierra Leone, Algeria, and Tunisia. And AI Policies from Rwanda in 2023, and Nigeria in 2024. 

There was a quiz session facilitated by Ikpuho Ikpe of the Firma Advisory where the AI tool Mentimeter was used to pose questions to the participants and a winner emerged.

The third session was facilitated by Chinedu Albert of the Firma Advisory and he spoke on global, regional, and national AI governance: an analysis of governance frameworks relevant to AI, including national policies and international laws. Globally, there exists the United Nations Resolution on AI, and the UNESCO Recommendation on the Ethics of AI. Regional efforts include the European Union’s AI Act, the ASEAN Guide on AI Governance and Ethics 2024, The Santiago Declaration for Latin America and the Caribbean, the OECD Recommendation on AI, and the United States Executive Order 14110 on artificial intelligence. He emphasized the need for policy collaboration among countries, the risks of uncoordinated policies, and the benefits of global coordination. 

There was data on the top 10 countries working on AI innovation in Africa; South Africa, Egypt, Morocco, Tunisia, Tanzania, Zimbabwe, Cote d’Ivoire, Senegal, Zambia, and Botswana. In terms of governance frameworks on AI in the African continent, there is the Africa Transformation Strategy (2016-2025), the Continental AI Strategy 2024, the Malabo Convention, the Africa Continental Free Trade Area Agreement, the African Intellectual Property Organization, the African Telecommunications Union instruments, the Model Law on Access to Information for Africa 2013, AU Charter on Human and People’s Rights, the AU Competition Policy, the AU Gender Policy, the AU Youth Charter, the AU Disability Rights Protocol, the AU Convention on Preventing and Combating Corruption, and the Model Law on Whistleblowing for Africa 2020. 

Nationally, it was noted that there is currently no specific legislation that directly regulates AI in Nigeria. However, Nigeria is actively developing its AI governance strategy, recognizing the transformative potential of this technology for economic growth and social progress. On policies and strategies, there is the National Digital Economy Policy and Strategy (NDEPS) 2020-2030, the National AI Strategy which is currently being developed, the signing of the Bletchley Declaration on AI in November 2023, the adoption of a new US-led coalition to ensure AI is secure by design, along with 17 other countries. Nigeria has produced about 1,349 AI publications and aims to engage top researchers of Nigerian descent globally in crafting its National AI Strategy.

He concluded his session by analysing the legal basis for AI governance in Nigeria looking at the existing laws such as the Constitution of the Federal Republic of Nigeria 1999, the Nigerian Data Protection Act 2023, the Federal Competition and Consumer Protection Act 2018, the Cybercrime (Prohibition and Prevention) Act 2015, and the laws on intellectual property in Nigeria. 

The fourth session facilitated by Arun Godwin Patel focused on getting started with AI: Practical steps and tools for beginners to initiate AI adoption, covering basics, resources, and implementation strategies. He began by questioning the distinct qualities of AI projects, whereby a distinction was made between traditional IT and AI in terms of scope, process, dependency outcome, and ethics. Another point was on AI as a framework, the key components of an AI project ranging from business case, data engineering, AI experimentation, ‘productionisation’, and lifecycle management. AI experimentation was further broken down into business understanding, data understanding, data preparation, modeling, evaluation, and deployment. On AI readiness, three factors for ascertaining company readiness were discussed; availability and quality of available data, expertise and resources, and commitment to using AI tools. Speaking about the feasibility matrix, he said that the simple test would be how feasible the AI project, is and how valuable it is. In evaluating the success of an AI project, the accuracy of the AI system, and how much money and time is saved are the likely yardsticks to measure such success.

In conclusion, he said that AI needs specific attention, tools, and resources, the right people, and a valid business case.

Next on the agenda was a break-out session for the participants. It was facilitated by Monica Umeche of the Firma Advisory which included a case study of Samsung’s ban on using AI tools after a data leak incident. The participants in their various break-out rooms studied the case study, answered the questions assigned to them following the case study, proffered their definitions of AI, and came up with suggested policy areas for an in-house AI policy.

The activities for the first day ended at about 4:00 PM with a practical session facilitated by Ikpuho Ikpe of the Firma Advisory who displayed the use of certain AI tools for legal research, contract review, and contract drafting.

DAY TWO OF THE WORKSHOP

RESOURCE PERSONS:

  1. Ms. Chinenye Uwanaka – Co-Founder, Co-Convener, Africa Policy Conversations; Managing Partner, The Firma Advisory.

  2. Ms. Lavina Ramkissoon – aiMom, Adviser to AU/UN

  3. Chinedu Albert – Senior Associate, The Firma Advisory.

MODERATOR: Naomi Oboma – Associate, The Firma Advisory.

The second day of the training began with a session facilitated by Ms. Uwanaka, it started with the question, “Will AI take your job?” The question was answered by discussing the legal risks and future of work in deploying artificial intelligence in legal practice. It noted the current situation of the Nigerian Legal System in using AI, the efforts towards adaptability, how AI is revolutionizing the legal profession in Nigeria, the challenges of integrating AI into legal practice in Nigeria, and the way forward for the Nigerian legal system.

Furthermore, there was a discussion on the legal risks and challenges in AI adoption; cybersecurity vulnerabilities; unfairness, bias, and discrimination; autonomous weapons powered by AI; lack of AI transparency and explainability; social manipulation through AI algorithms; AI hallucinations and delusional outputs (a case study on ChatGPT’s fabricated accusation of sexual harassment); job losses due to AI automation; privacy and data protection issues; accountability and liability frameworks; and intellectual property rights. The discussion highlighted these legal risks, the best practices for risk mitigation in AI adoption, proposed global legal framework for AI risk assessments i.e. the EU AI Act, OECD’s AI risk evaluation framework, UNESCO’s Ethical AI Recommendations, and the expectations for Nigerian companies.

The second session titled “The start-up and investment landscape of AI” was facilitated by Ms. Lavina Ramkisson (the aiMom). It contained an overview of Africa's AI start-up ecosystem, investment opportunities, funding trends, and success stories driving innovation.

The third session was facilitated by Mr. Chinedu Albert of the Firma Advisory. The discussion looked into regulatory frameworks and compliance with the risks of using AI. He talked about AI governance, the international framework for AI regulation, viewing the EU AI Act which categorizes the use of AI into unacceptable risk, high risk, limited risk, and minimal risk, and also provides mandatory compliance measures for those seeking to use those AI tools. Furthermore, he talked about the developments in AI legislation in Africa: Mauritius was the first African country to adopt a national AI Strategy in 2018, Egypt established the National Council for Artificial Intelligence in 2019, launched its AI Strategy in 2021, and endorsed the Egyptian Charter for Responsible AI in 2023. Ethiopia, Mauritius, Rwanda, and Tunisia have national AI Policies, and several countries have data protection laws influencing AI. The provisions of the AU Digital Transformation Strategy 2020-2030, the Continental AI Strategy, the AU Convention on Personal Data Protection and Cyber Security: the Malabo Convention, the AfCFTA Protocol on Digital Trade, and the ECOWAS E-commerce Strategy all regulate the risks of using AI in Africa. In Nigeria, there is the Nigeria Data Protection Act 2023, the Cybercrime Act 2015, the National Digital Economy Policy and Strategy 2019, the upcoming National AI Strategy, the Digital Economy and E-Governance Bill 2024. All of this addresses the risks involved in deploying AI tools. The recent Guidelines on the Use of AI released by the Nigerian Bar Association was discussed and its provisions were made available to the participants.

Lastly, Mr. Albert looked at the ethical and social implications of using AI such as bias and discrimination, transparency and accountability, AI and deep fakes, and social implications such as employment and workforce displacement, digital divide, impact on social interactions, and cultural impact. 

CONCLUSION:

The two-day exercise marks an important milestone not just for Heirs Holdings but also for Nigeria. The initiative to train its legal managers and secretaries on the use of AI is indeed fast-paced and aligns with global practices on using and regulating artificial intelligence. This is applauded and the Firma Advisory hopes that entities and individuals will take the initiative to get trained in the deployment of AI.