Yakubu Chonoko Maikyau, SAN, OON, served as Nigerian Bar Association (NBA) president from 2022 to 2024.
His tenure was marked by a series of reforms aimed at improving the legal profession in Nigeria. Maikyau championed the welfare of lawyers, promoted ethical standards, and pushed for a more inclusive legal practice that embraced technological advancements.
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He led the NBA’s efforts to ensure access to justice for all, particularly the marginalised, and worked to strengthen the legal profession’s role in nation-building. Under his leadership, the NBA played a crucial role in advocating for human rights, good governance, and accountability.
Maikyau also emphasised the need for lawyers to adopt emerging technologies while simultaneously cautioning against the risks they pose if they are not handled ethically.
One of his notable achievements was the introduction of guidelines on the ethical use of artificial intelligence (AI) in the legal profession. These guidelines ensured that lawyers maintained high standards of professionalism while embracing technology.
Nigerian Lawyers Raise Ethical Concerns on AI Usage
The Nigerian Bar Association (NBA), under the leadership of its immediate past president, Maikyau, has raised concerns regarding the ethical implications of artificial intelligence (AI) in legal practice.
While recognising AI’s immense potential to enhance efficiency, accuracy, and accessibility in delivering legal services, the NBA has emphasised that AI’s integration into the legal profession must be approached with caution to prevent ethical violations.
In a set of guidelines released by the association, Maikyau highlighted that AI “raises complex ethical, legal, and regulatory questions that demand careful consideration.” He underscored the need for responsible AI adoption that prioritises human oversight, data privacy, and transparency in decision-making.
According to Maikyau, while AI offers valuable tools for Nigerian lawyers, such as automating repetitive tasks like contract review, overreliance on AI could interfere with a lawyer’s duty to exercise diligence, caution, and care.
The NBA’s guidelines warned that AI should not be fully trusted to make correct decisions or provide accurate information. Relying solely on AI, as stated in the guidelines, would violate Rule 14(1) of the Rules of Professional Conduct (RPC) for Legal Practitioners, which mandates that lawyers owe a duty of care to their clients.
Another primary concern the NBA raises is the potential for AI algorithms to inherit biases from the data they are trained on. The guidelines pointed out that this could lead to discrimination or unlawful actions, violating Rule 15(3)(h) of the RPC. Lawyers, the association stressed, must be vigilant in evaluating the outputs of AI tools to ensure they do not violate their ethical and legal obligations.
The NBA also highlighted the risk of AI manipulating evidence in legal cases. It cited examples of AI-generated images or falsified witness statements, which could potentially violate Rule 15(3) of the RPC. Lawyers were urged to ensure that the evidence they handle does not fall into this category.
Ethical Challenges Surrounding AI
The rise of AI across various industries has brought a growing list of ethical concerns. One of the primary issues is privacy, as AI systems often require access to large amounts of data, including sensitive personal information.
The NBA noted that the potential loss of human control over decision-making processes as AI becomes more autonomous poses a significant risk. Lawyers are urged to exercise caution in balancing the benefits of AI with the need to uphold ethical standards and protect client confidentiality.
The NBA’s guidelines remind us that while AI has the power to transform legal practice, its use must be tempered with ethical responsibility, ensuring the integrity of the legal profession.
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