The discourse: The Future of Artificial intelligence and the Administration of Law and Justice in Nigeria
By Emmanuel Goto
Introduction
Transition is a predominant feature in every society – as novel ideas are prevailing in the contemporary era; like the programming of specific tools to perform some human functions. Thus, the advent of technology has streamlined human jobs ranging in different industries - even the legal profession is not exempted because of its tangible contributions to legal practitioners. Unarguably, artificial Intelligence can facilitate processes in the legal profession; and depict wide prospects in the administration of law and justice in Nigeria. On this basis, the essay will give a concise historical background of artificial intelligence, its forms and possibilities in the Nigerian legal system, and its benefits to lawyers. The article further discusses the challenges that will affect the whole legal system and explores possible recommendations.
Historical Analogy of Artificial Intelligence (AI)
Artificial intelligence does not start today as it objects possessing human intelligence started in Greek mythology with beings like Talos, Galatea, and Pandora.[1] The word artificial is defined as a thing made or produced by human beings rather than occurring naturally, especially as a copy of something natural.[2] While intelligence is the ability to acquire and apply knowledge and skill.[3] Hence, artificial intelligence is an intelligence demonstrated by machine displayed by humans and animals.[4] It is an inventive idea manufactured by imaginative minds by coding the functions in a machine to perform accordingly.
In 1943, Warren McCulloch and Walter Pits published a piece titled, “A Logical Calculus of Ideas Immanent in Nervous Activity” ascribed as the first work on artificial intelligence (AI) and they suggested an artificial neuron model.[5] Similarly, John McCarthy coined the name in 1950, and defined the term as ‘the science and engineering of making intelligent machine.’ In the same vein, Ziyad Saleh of the British University in Egypt described it as the ‘intelligence demonstrated by machine in contrast to the natural intelligence displayed by humans and other animals.’[6]
Basically, it is programmed, as its intelligence is exhibited by a machine or robot. Initially, AI could only act based on the data supplied, but can now learn from a set of data as far as such information is available. Presently, there is no excelling industry that does not need the help of Artificial Intelligence - even the healthcare industry has been used in surgical procedures and others.[7] In addition, Microsoft has developed AI that can help doctors decipher the right treatment for cancer now.[8] Equally, in the sport, there are machines that can perfectly play games as if they are humans, and it has gone to a stage where cars do not require drivers simply because of the advancement of artificial intelligence.[5]
Furthermore, the Financial industry has been associated with diverse AI applications that facilitate the process of withdrawing and transferring money [6] and other strategic policies to detect suspicious activities in the finance industry. Indeed, Artificial Intelligence (AI) has revolutionized various industries around the globe, and the legal profession is no exception.[9]
Forms of Artificial Intelligence
Generally, the emergence of Artificial Intelligence involves ideas and the development of smart machines that can conduct tasks that naturally need the performance of humans. The amazing aspect is that Artificial Intelligence systems use algorithms and machine learning to analyze data, recognize patterns, make predictions, and conduct rigorous legal research among others.
Artificial Intelligence have been classified based on capabilities, to wit:
1. Artificial Narrow Intelligence:[10]
These Artificial Intelligence systems are designed to solve a single problem and execute a single task effectively and narrow capabilities.
2. Artificial General Intelligence:[11]
It is defined as AI which has a human-level of cognitive operation, across a vast combination of jobs such as language processing, image processing, computational functioning and reasoning among others.
3. Artificial Super Intelligence:[12]
This basically discusses about the decision making, which mainly comprises rational decisions.
The future of Artificial intelligence and the Administration of Law and Justice in Nigeria
In most of the developed states, research has shown that AI lawyers can perform legal tasks effectively like humans. For instance, the Case Cruncher Alpha competed against 100 commercial lawyers, numbering in the hundreds. The AI and the real lawyers were tasked with predicting the outcome of these cases. Case Cruncher which is the AI, completed 86% accuracy and triumphed over by over 20%.[13] In the discourse of Artificial Intelligence, its application has influenced the law; rendering wide advantageous factors - though, its unnatural feature can lead to some disastrous endings. Hence, artificial intelligence in legal practice holds remarkable prospects for improving the ease mode of accessing law.
Undoubtedly, AI technologies will ensure adequate legal service, facilitate decisions, and embrace the purpose of promoting the justice system in Nigeria. For instance, legal practitioners can use an application called ROSS in conducting legal research questions and the robot would as programmed read through the law, gather concrete proof, draw inferences and return highly relevant, evidence-based answers.[14] In other jurisdictions like the USA, the operation of Artificial Intelligence in the legal profession has not been generally activated, though lawyers are benefiting from its activities, especially in the research area.
Nigeria is a developing state, albeit, most of its lawyers are operating traditional means of practice; but technology has transformed diverse of lawyers to flow with the practice in the 21st century. Thus, the emergence of artificial intelligence may reduce the value and relieve the herculean task of lawyers in the legal profession.
It is therefore a succinct observation that the introduction of AI in the legal profession will facilitate the process of accessing the law and simplify the pattern of teaching the law. A standard Artificial Intelligence in law would be the best option for lawyers that usually waste time and energy for long research work.
There is need to grow with transition as it is the best option of achieving progression in a society. Just as Justice Oputa opined,
“The Supreme Court should always be alive to the idea that as a society is organic even so should law be. Anything organic is subject to the law of life which is either grow or die. We are either ascending the steps of life or also descending into the precipice of death. For this reason, our Supreme Court cannot afford to be conservative, static and backward looking… The only alternative open to the Supreme Court therefore is a realistic and level headed progressiveness.”
Benefits of Artificial Intelligence in the Administration of Law and Justice in Nigeria
The trending artificial intelligence can be so beneficial to the legal system as it will be helpful to lawyers in documentation, ensure concise research analysis and others. Some of the benefits are;
• It facilitates Legal Research
Ordinarily, conducting legal research is the most cumbersome process that will keep a lawyer busy because it demands time to gather cases and other vital information. However, the stress of wasting time in the library can be alleviated by AI-powered tools that would be fast, and efficient like humans. Natural Language Processing (NLP) algorithms help AI systems comprehend and decipher legal texts, putting together and proffering appropriate solutions.
• It ensures easy analytical approach in Commercial based issues
Transactions between people are an essential aspect of legal practice, but reviewing and analyzing them can be time-consuming and prone to human error. Hence, the powered tools ensure accurate business review, figure out the position of law, and render relevant legal advice so that attempt to engage in risky transactions would be prevented.
• Reviewing Documents
AI-powered document review platforms leveraging technologies like machine learning and natural language processing to automate the document review process.[15] The usage of Artificial Intelligence in document review has proven to be very quicker, and more efficient and it possesses the capability, and less susceptible to errors.[16] In essence, its function is to concisely summarize the voluminous documents for easy reading.
More so, in some areas of Legal practice like Entertainment, Energy, Arbitration, Intellectual Property Law, and fashion law, the issue of specialization comes into play. AI-powered systems can perform multifaceted of tasks through self-learning capabilities and these systems can learn from past events, and improve on their subsequent outputs.[17]
• It predicts Legal decisions
Every process that contains analysis must have a submission; just like the way humans are predicting about who to win in a pending case. Research has shown that AI tools can predict the outcome of a legal proceeding with a 79% accuracy rate.[18] It is pertinent to note that Artificial Intelligence have the ability to give accurate decision in a pending case after evaluating the arguments. By analyzing historical case data, AI algorithms can predict the outcomes of legal disputes with a reasonable level of accuracy.[19] For Lawyers in the litigation, Artificial intelligence-based tools can help predict outcomes of court-based cases by analyzing a wide expanse of historical judgments, looking at the peculiar nature of the case and looking at the decisions which have been reached by the Judge.[20] For example, there are Legal-tech based prognostication technologies that predict likely results of pending suits and reviewing a lot of court judgements, and likely decision according to similar past data. [21]
The future of Artificial intelligence and the Administration of Law and Justice in Nigeria
Technology is transforming the globe into a better place as Artificial intelligence has influenced the practice of law just like other professions in most advanced countries. For instance, in the advanced states, lawyers, law teachers, and paralegals are assisted by artificial intelligence tools in handling issues. Artificial intelligence embodies both the prominent chance and threat to the legal field. In Nigeria, Grace InfoTech Limited, founder of the LawPavilion suite of software and electronic law reports, rolled out a new product in 2018 that is driven by AI, known as ‘Timi’.[22] Though there is no specific legislation regulating AI technologies. However, existing legal frameworks such as the Nigerian Data Protection Regulation 2019, the Cybercrime Act 2015, and the Nigerian Communications Act 2003 provide some guidance and regulation around data protection, cybercrime, and telecommunications.
The future of legal practice will undoubtedly be shaped by AI technologies and their strategic application and when it is activated, it will ensure a good space to innovate, render legal advice to clients, and attend conferences that would promote the administration of justice in the society. Additionally, Artificial Intelligence can help bridge the gap in legal services, making legal assistance more affordable and accessible to underserved populations.[23] For judges, the difficulty of writing evidence would be reduced, the stress of searching for cases would also be facilitated and the delay of dispensing justice would be surmounted in the society.
Considering how artificial intelligence is growing, it shows that it will touch all spheres of the legal profession just like its effective operation in the banking industry and other fields where they utilize computers as part of their daily lives.
Why AI cannot be totally ignored in the legal profession?
Like the way other professions accept the use of programmed tools to perform specific tasks, it becomes pertinent in the legal field. In Nigeria, if an Artificial Intelligence tool is programmed, it will ensure speedy mode of dispensing justice, and mitigate the herculean tasks in the system. For example, the use of AI tools in the judiciary can record the evidences, transcribe it effectively, and the same time summarize succinctly.
Therefore, instead of ignoring its emergence, it is better to embrace it than to ignore it because as society transforms, it continues to adopt and adapt new policies. A perfect example is the amendment of Evidence Act 2023 which mostly complies with the engagement of electronic devices which indicates the changing nature of our laws.
Possible Challenges of Artificial Intelligence in the Nigerian legal practice
Though the application of AI in Nigeria is not widespread, if applied, it will pose some challenges to the society and the administration of law and justice in Nigeria. Unarguably, AI tools are programmed by people and their errors, intellect and prejudice would be displayed; so any question beyond the information provided in the data would lead to misleading solutions; hence, it lacks trust. Also, transparency is lacking in AI algorithms in the process of deciding because the principle of fairness is usually considered in the administration of justice.
Further more, ethical considerations encircling data privacy and security must be considered, because some of the information are copied and the original owners can realize anytime or some persons can acclaim some works in AI system and give credit to themselves. If not properly regulated it will lead to confusion and contention pertaining copyright.
Recommendations
To escape the challenges that might occur in the future as AI intrudes the legal system in Nigeria, it is essential to follow some steps which are;
1. Artificial intelligence law in the Nigerian legal system should be incorporated: The initiation of law concerning AI tools would aid the Nigerian legal system, therefore its application or usage should be regulated by law. Just like other jurisdictions, AI laws should be established to permit legal practitioners to use the tools.
2. Policymakers should engage with technology experts to develop strong tools and input local language. Hence, a need for lawyers in different tribes in Nigeria to build strong AI tools that everyone can access.
3. The judiciary should be empowered with AI tools for easy dispensation of justice in Nigeria such as recording machines and transcription equipment that can summarize.
4. Law students, legal practitioners, and judges should be exposed to the emerging fields of law such as Digital transition, cybercrime law, technology and innovation, and others. This can be done by organizing seminars, lectures, and symposiums on these evolving areas to adapt to the changing landscape in the legal profession.
Conclusion
Without mincing words, it is a fact that the introduction of AI in the legal profession would not terminate the traditional system, but it is obvious that the future of artificial intelligence in the administration of law and justice in Nigeria is possible and considering the increase in technology, it will effectively render the service and fasten justice delivery system. Therefore, the proper way to overcome the challenges is to incorporate standard laws about AI systems, encourage policymakers to collaborate with experts in the technology industry, and build a robust and effective system.
REFERENCES
[1] P. McCorduck, Machines Who Think, (first published 1979, A K Peters Ltd., 2004) p.4
[2] A. Bryan Garner, Black’s law dictionary 9th Edition (West publishing Co. 2004)
[3] Ibid
[4] Ibid
[5] S. Russell and P. Norvig, ‘Artificial Intelligence: A Modern Approach’ (Pearson 2010)
[6] Ibid
[7] Liz Kwo, 'Artificial intelligence's potential role in preoperative and intraoperative planning – and surgical robotics – is significant’<https://www.mobihealthnews.com/news/contributed-power-ai-surgery#:~:text=Examples%20of%20AI%2Dassisted%20surgery,or%20via%20the%20surgeon's%20gaze.> accessed 16 August 2023
[8] D. Bass, ‘Microsoft Develops AI to Help Cancer Doctors Find the Right Treatments’ (Bloomberg 20th September 2016) <https://www.bloomberg.com/news/articles/2016-09-20/microsoft-develops-ai-to-helpcancer-doctors-find-the-right-treatments> accessed 19 August 2023
[9]T.Erojikwe, 'ArtificialArtificial Intelligence and the Future of Legal Practice in Nigeria’ <https://www.lawyard.org/lawyard-spotlight/artificial-intelligence-and-the-future-of-legal-practice-in-nigeria-by-tobenna-erojikwe/> accessed 22 August 2023
[10] P. Pedamkar, ‘Types of Artificial Intelligence’ <https://www.educba.com/types-of-artificial-intelligence/> accessed 20 August 2023
[11] ibid
[12] ibid
[13] A. Adeyoju, ‘Artificial Intelligence and the Future of Law Practice in Africa’, (Tekedia, 16th December,
2018) <https://www.tekedia.com/artificial-intelligence-and-the-future-of-law-practice-in-africa1
/> accessed 25 August 2023
[14] The Times of India, 'PTI, 'Meet Ross, the robot lawyer who got hired by US law firm’ <'https://www.google.com/amp/s/m.timesofindia.com/tech-news/worlds-first-robot-lawyer-hired-by-us-firm/amp_articleshow/52295016.cms> accessed 20 August 2023
[15] ibid
[16]J.Ajayi 'Artificial Intelligence in the Nigerian Legal Industry: A Threat or an Opportunity?’<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3574324> accessed 25 August 2023
[17] M. Okoko & co 'Nigeria: Legal Considerations In The Use Of Artificial Intelligence’<https://www.mondaq.com/nigeria/new-technology/1203070/legal-considerations-in-the-use-of-artificial-intelligence> accessed 29 August 2023
[18] A. Marwaha, 'Seven Benefits of Artificial Intelligence for Law Firms, Law Technology Today’ <https://www.lawtechnologytoday.org/2017/07/seven-benefits-artificial-intelligence-law-firms/> accessed 21 August 2023
[19] ibid
[20] M. Okoko (n 17)
[21]Lex lexmachina, 'Predict the behavior of courts, judges, lawyers and parties with Legal Analytics' <https://lexmachina.com> accessed 15 August 2023
[22]Vanguard News, ‘LawPavilion set to release Nigeria’s first Artificial Intelligence Legal Assistant’ <https://www.vanguardngr.com/2018/08/lawpavilion-set-to-release-nigerias-first-artificial-intelligencelegal-assistant/> accessed 28 August 2023
[23] M. Okoko (n 20)
