An Original Theory of Tortious Liability for Artificial Intelligence Decisions in Nigeria

Artificial intelligence systems are making consequential decisions affecting Nigerian individuals and businesses in credit assessment, medical diagnosis, employment recruitment, judicial risk assessment, and insurance underwriting without a coherent Nigerian private law framework for assigning tortious liability when those decisions cause harm. This study develops an original theory of tortious liability for artificial intelligence decisions in Nigerian law, constructing a comprehensive AI Tort Liability Framework (ATLF) that addresses attribution, standard of care, causation, defences, and remedies in the context of AI-caused harm. Using a pluralist theoretical methodology that integrates product liability theory, negligence law, comparative AI liability frameworks from the European Union and Singapore, and empirical research involving 75 AI practitioners, technology lawyers, regulators, and legal academics in Lagos and Abuja, the research systematically evaluates whether existing Nigerian tort doctrines can accommodate AI liability or whether fundamentally new legal categories are required. The ATLF constitutes the study's original contribution to knowledge, providing the first comprehensive theoretical treatment of AI tortious liability tailored to the Nigerian legal context. The framework proposes developer, deployer, and user liability standards calibrated to the degree of AI autonomy, provides a standard of care framework grounded in AI design best practices, and advances an AI damage compensation scheme for victims who cannot identify liable parties. Findings reveal that existing Nigerian tort law is structurally inadequate for AI-caused harm. Recommendations include an AI Liability Act, mandatory AI impact assessments, a National AI Liability Fund, and judicial specialisation in technology tort cases. Keywords: artificial intelligence, tortious liability, AI decisions, technology law, negligence