ABUAD Law Journal

ARTIFICIAL INTELLIGENCE AND THE LAW: AN OVERVIEW

Ifeoluwa A. Olubiyi — 2024-07-17

AI has been deployed in finance, health care, law enforcement, research, teaching, communication and even transportation. In the legal industry, AI has been useful to law students, lawyers and judges. The widespread use of AI has raised salient questions over its effects on legal concepts like human rights, intellectual property, labour and employment law, criminal law, health law and entertainment law. The need for formal regulation became more evident in recent years with the popularisation of generative AI models which have brought AI closer to the people more than ever. Regulating AI is essential to curb its adverse effects on the society. It is critical that harmonised rules and policies are made across countries, to truly harness the potential of AI in enhancing socio-economic development and mitigate the risks that are inherent in the deployment of AI. This paper serves as an overview of the relationship and impact of AI in various fields of law and provides suggestions on various thorny issues raised by the deployment of AI in law.

CRYPTO-EXCHANGES IN NIGERIA: A REVIEW OF THE REGULATORY FRAMEWORK.

Aliyu Abdullahi — 2024-07-17

Regulating the exchange market in Nigeria seemed seamless until the coming of blockchain technology powered by smart contract. The blockchain platform spawned the idea for the trading of digital assets which by their nature could not be traded on the regular exchanges. This raises two major inquiries which are, to what securities silos are the digital assets be classified and whether trading digital assets on the blockchain platform requires special governing rules inform of codes or algorithms as substitute or in addition to the Investment and Securities Act herein after called the Act. To brace up with this new technology, the Nigerian Federal Government issued the National Policy on Digital Economy to regulate the digital economy generally in the country and formulated the National Blockchain Policy in particular. Additionally, the Security and Exchange Commission pursuant to Section 13 (o),(dd) of the Act issued Rules on Issuance, Offering and Custody of Digital Assets, to specifically regulate transactions of digital assets on the crypto-exchanges. Adopting doctrinal method of research, this paper examines the law and policy frameworks for the regulation of crypto-exchange in Nigeria with the sole objective of ascertaining the propriety and robustness of the issued instruments to regulate the crypto-exchange. The paper finds inter alia that neither the Act nor the issued Rules on Issuance, Offering and Custody of Digital Assets is sufficient to regulate digital assets transactions on the blockchain platform. Thus, the paper recommends hybrid of the regulatory governance to include codes, algorithms and the Act.

AI AND PERSONAL DATA PRIVACY IN THE U.S: BALANCING CUSTOMER CONVENIENCE WITH PRIVACY COMPLIANCE.

Hakeemat Ijaiya — 2024-07-17

The proliferation of Artificial Intelligence (AI) across various industries in the United States has ushered in an era of transformative technological advancements, which has provided businesses with the ability to enhance customer experiences and drive operational efficiencies. However, this development has brought about increased challenges in preserving the privacy and security of personal data in the US. The paper examines the need to balance customer convenience with privacy compliance within the context of AI and personal data privacy in the U.S. The paper also examines the state of data privacy and concerns arising from the use of AI. It assesses the key legal frameworks in the U.S. and their adequacy to regulate AI in light of data privacy. The paper employs a doctrinal research methodology to examine the laws and identify the challenges arising from the regulatory gaps in AI and personal data privacy. The paper finds that there are challenges stemming from the lack of alignment between existing legal frameworks and the evolving AI technologies, especially in relation to data collection, data anonymization, and consent management. The paper recommends the need to reform existing laws to be up to date with the evolving capabilities of AI. The paper concludes that the growth of AI in relation to personal data privacy presents both opportunities and challenges.

BALANCING PARENTAL RIGHTS AND CHILD WELFARE: THE BEST INTERESTS THRESHOLD IN HEALTHCARE DECISIONS IN TEGA ESABUNOR & ANOR v. TUNDE FAWEYA & ORS. IN FOCUS.

Hadiza O. Okunrobo — 2024-07-17

Children have the right like other human beings, to enjoy the best attainable standard of health, which includes access to healthcare services. Yet there is no escaping the reality that because of children’s vulnerability and lack of capacity, parents have the responsibility to act on their behalf and must ensure to make these decisions in the child’s best interest. Hence, a refusal to give consent to lifesaving treatment for the child will not be authorised, even if such refusal is from the parents. In cases of this nature, it has become the norm in most jurisdictions for the State to subrogate parental rights in the best interest of the child, this was the posture of the Supreme Court in the case of Tega Esabunor & Anor v. Dr Tunde Faweya & Ors. [2019] 7 NWLR (Pt. 1671) 316 (SC). The paper through doctrinal analysis, reviews and discusses the best interests threshold as a basis for overriding parental rights in protecting the child’s wellbeing. It highlights the responsibilities of parents vis- a - viz the State in ensuring that the child’s interests are best achieved, irrespective of religious or socio-cultural factors. This notwithstanding, the paper asserts that to effectively apply the principle, there must be a well-established standard of practice that completely overrides parental authority to authorise and pay the medical bills of the child and for further issues that may arise between parents in cases of lack of consensus and proper guidelines for medical practitioners.

THE ROLE OF INTELLECTUAL PROPERTY IN THE DEVELOPMENT OF INNOVATIONS IN REGENERATIVE MEDICINE.

Issa Akanji ADEDOKUN — 2024-07-17

Regenerative medicine marks a paradigm shift in healthcare, transitioning from symptom-based treatment to leveraging the body's inherent healing mechanisms. It represents a convergence of nature and science, fostering innovative solutions for preserving life. Intellectual Property (IP) safeguards the expression of innovation and creativity across various domains, encompassing regenerative medicine. However, questions arise regarding its ability to meet patentability criteria and the ethical implications of granting exclusive ownership (Intellectual Property) to life-saving techniques, potentially hindering adequate Intellectual Property protection. Using the doctrinal research method, this article explores the breadth of regenerative medicine and the applicability of Intellectual Property protection to cutting-edge medical interventions, including regenerative medicine, aiming to strike a balance between comprehensive protection, commercialization, and public access. The paper draws valuable lessons from best practices and jurisdictions such as the United States of America and South Africa to promote innovation and foster access to regenerative medicine in Nigeria. It finds that one of the foremost challenges of the protection of regenerative medicine by Intellectual Property is the ethical concerns regarding the use of human cells, tissues and embryonic stem cells. It also notes some weaknesses in Nigeria's current regulatory framework and calls for stronger enforcement of ethical standards. It recommends among others the need for more awareness in the area where intellectual property and regenerative medicine connect. The work equally advocates for the need to update the Patent and Designs Act (PDA) of 1970 to allow for the registration of cutting-edge technologies including regenerative medicine.

NAVIGATING THE FUTURE: ROBO-ADVISORS IN THE FINANCIAL LANDSCAPE.

Rufus Adeoluwa Olodude — 2024-07-17

Robotic advisors have emerged as a disruptive force in the rapidly evolving financial technology landscape, revolutionizing traditional wealth management practices. Driven by artificial intelligence and automation, these intelligent systems offer investors a novel approach to financial decision-making. This study delves into the multifaceted realm of robotic advisors, examining their development, regulatory framework, challenges, and immense potential in Nigeria. Utilizing a comparative research method, the study meticulously analyzes primary and secondary legal sources to achieve its objectives. Findings reveal that while the legal framework for robotic advisors exists, it remains susceptible to inherent faults and biases. Additionally, the study identifies a degree of human intervention in robotic advisory services, undermining claims of complete autonomy. Based on these findings, the paper advocates for monthly external auditing and independent contractor supervision to enhance investor confidence and security. Furthermore, it recommends regular oversight of human intervention to ensure adherence to regulatory standards. It is anticipated that these recommendations will contribute to restoring confidence and trust in robotic advisory services within the Nigerian landscape.

AI AUTHORSHIP/INVENTORSHIP THROUGH THE LENS OF THEORETICAL JUSTIFICATIONS OF INTELLECTUAL PROPERTY RIGHTS.

Ifeoluwa A. Olubiyi — 2024-07-17

The role of intellectual property (IP) law in incentivising innovation through the protection of the creations and inventions of the human intellect cannot be overemphasized. Artificial intelligence (AI), as an emerging technology, has had a significant impact on practically all sectors of society, including the field of intellectual property law. Its impact is felt in various fields of intellectual property law, such as patents, copyrights, trademarks, designs, and image rights, among others. AI is increasingly testing the limits and provisions of national and international intellectual property laws. In recent times, the IP laws on authorship, creation, and inventorship, in particular, have been re-examined in the light of AI-generated works and the question of whether AI (a non-human entity) can be recognized as such for its creations, which are potentially protectable by IP Laws. This paper will examine the intersection of artificial intelligence (AI) and intellectual property rights. It examines whether AI authorship or inventorship can be supported by the theoretical justifications of intellectual property protection. Can these justifications be used to advance the legal recognition and protection of AI as an inventor, author or otherwise?

THE USE OF ARTIFICIAL INTELLIGENCE (AI) IN ASSISTED REPRODUCTIVE TECHNOLOGY (ART): EXAMINING THE LEGAL AND ETHICAL IMPLICATIONS.

Oyetola Mary Adeniyi — 2024-07-17

In a world where Artificial Intelligence (AI) is rapidly gaining prominence, its potential application in the field of Assisted Reproductive Technology (ART) cannot be overlooked. AI in ART has revolutionized the field of reproductive medicine, promising enhanced efficiency and outcomes. This article delves into the legal and ethical considerations surrounding this burgeoning intersection. AI algorithms are increasingly utilized in ART procedures such as in vitro fertilization (IVF), embryo selection, and gamete screening, optimizing success rates, and minimizing risks. AI holds promise. This study explores the intersection of AI and ART, investigating the legal challenges arising from their integration. It scrutinizes the implications of employing AI in reproductive technologies, delving into concerns such as data privacy, consent, liability, and the potential necessity for novel regulatory frameworks. The research provides a comprehensive overview of the evolving legal and ethical landscape in this domain. Employing a doctrinal methodology, which involves analyzing legal principles and doctrines, the study aims to contribute to the ongoing discourse on the ethical and legal framework essential for ensuring the responsible and equitable utilization of AI in ART. Despite the numerous challenges, the amalgamation of AI and ART is poised to significantly influence the trajectory of medical advancement in the future.

AN APPRAISAL OF THE LEGAL CAPACITY AND CONTRACTUAL RIGHT OF THE CHILD UNDER THE CHILD’S RIGHT ACT, 2003.

Abubakar Mohammed Bokani, Ph.D — 2024-07-17

It is a fundamental principle of law of contract that parties to contract are at liberty to enter into contract, and agree on the terms of the contract. Accordingly, the Child’s Right Act, 2003 (CRA 2003) and other Child’s Right laws of various states in Nigeria confer the child with the right to enter into contract. However, the law seems to limit the contractual right and capacity of the child to contract of necessaries. Consequently, a child does not possess the requisite legal capacity and right to enter into contracts in respect of non-necessaries. Unfortunately, CRA 2003,s 18 does not define what constitutes ‘necessaries’ and the effect of such void contracts. This article deployed doctrinal research method to appraise the legal capacity and contractual right of the Child in Nigeria, and the objective is to determine the scope of the contractual right and capacity of the Child and legal effect of contracts of non-necessaries.Thus, the question is, what is the extent of the contractual right of the child in Nigeria? This article found that the lack of definition of what constitutes necessaries in CRA 2003 has created uncertainty in the scope of the contractual right and capacity of the child in Nigeria. More so, CRA 2003 s18 is oblivious to the principle of ‘best interest of the child’ which is the philosophy that underpins contracts involving the child. It was thus recommended that the CRA 2003, s18 and similar laws should be amended to adopt the common law definition of what constitutes ‘necessaries’. In addition, contract of non-necessaries entered into by the child should not be treated as void ab initio. Rather, they should be construed as voidable against the child but binding on the adult.

EXAMINATION OF THE OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS IN ARTIFICIAL INTELLIGENCE GENERATED DOCUMENTS.

Damilola Seun Adesanya — 2024-07-17

The modern-day reality is that the world has seen unprecedented evolution in information technology and artificial intelligence. In the opinion of theorist of technological convergence, the acceptance of information technology has become necessary as almost every facet of life revolves around it. In fact, technological determinism posits that advanced technology is taking over the entire landscape of human existence, including learning and research. This is buttressed by the evolution of Artificial Intelligence (AI) tools that aid in research, writing and referencing. The evolution of these AI tools necessitates a conversation about the ownership and protection of Intellectual Property Rights (IPRs) in materials generated using these AI tools. It has also become important to define what amounts to infringements of these IPRs, at what point an infringement could be stated to have occurred and who would be held liable for such infringements.

This paper adopts the doctrinal research methodology to analyse primary and secondary sources of data in order to determine the issues of ownership and protection of IPRs emanating from the use of AI tools for research. It submits that the use of AI tools in research presents some fresh problems for Intellectual Property (IP) protection and enforcement which should be addressed through making amendment to existing IP laws in Nigeria. The study concludes by making recommendations on how to fortify our existing legal regimes and weed out loopholes that can be exploited to successfully infringe on the rights of AI generated IPRs holders.