ARTIFICIAL INTELLIGENCE IN THE NIGERIAN HEALTHCARE SECTOR: A CRITICAL APPRAISAL OF OPERATIONAL LIMITATIONS AND PATIENT SAFETY

Abstract

The integration of Artificial Intelligence (AI) into Nigeria’s healthcare system presents significant opportunities for improving diagnostic accuracy, expanding patient access to healthcare services, and enhancing operational efficiency within medical institutions. However, this technological advancement also disrupts the existing medico-legal framework, which was primarily designed around human clinical decision-making. Consequently, important legal and ethical concerns arise regarding patient safety, accountability, and the protection of constitutional and statutory rights in AI-driven healthcare environments.

This paper critically examines the inadequacies of Nigeria’s existing legal and ethical frameworks in safeguarding patients’ rights and ensuring accountability in AI-based healthcare delivery. Adopting a doctrinal methodology, the study relies on case law analysis, statutory interpretation, and an extensive review of relevant literature. The paper reveals that the current regulatory framework in Nigeria is largely deficient in addressing emerging challenges associated with AI in healthcare, including distributed liability, algorithmic opacity, data governance concerns, and the attribution of responsibility for AI-induced medical errors.

The study further draws on empirical findings indicating that a significant proportion of Nigerian paediatric surgeons lack confidence in the adequacy of existing legal frameworks governing AI in healthcare, while many express serious concerns regarding accountability for adverse outcomes resulting from AI-assisted medical decisions. The article argues that the absence of proactive and comprehensive regulation constitutes a broader systemic failure of institutional responsibility.

Accordingly, the paper recommends several reforms, including amendments to the Evidence Act 2011 to accommodate AI-generated medical evidence and the extension of the regulatory oversight of the National Agency for Food and Drug Administration and Control (NAFDAC) to cover Software as a Medical Device (SaMD). It also advocates the development of clearer ethical guidelines, liability standards, and regulatory mechanisms to ensure the safe and responsible integration of AI into Nigeria’s healthcare system.