DIGITAL GOVERNANCE AND ADMINISTRATIVE LAW IN NIGERIA: LEGAL CHALLENGES OF E-GOVERNMENT AND AUTOMATED DECISION-MAKING

Abstract

This study interrogates the juridical implications of digital governance and automated decisionmaking (ADM) within the framework of Nigerian administrative law, against the backdrop of
accelerating technological integration in public administration. It identifies a fundamental tension
between the efficiency-driven imperatives of e-government and the normative commitments of
administrative law, particularly the principles of the rule of law, procedural fairness, transparency,
and accountability. Adopting a doctrinal and comparative methodology, the paper critically
examines Nigeria’s constitutional and statutory landscape, including the 1999 Constitution (as
amended), the Nigeria Data Protection Act 2023, the Cybercrimes Act 2015, and the Freedom of
Information Act 2011, alongside regulatory developments in the United Kingdom and the European
Union. The study finds that the Nigerian legal framework remains fragmented and normatively
inadequate to address the complexities of algorithmic governance, particularly with respect to fair
hearing, explainability, and accountability in automated decisions. It argues that the delegation of
administrative discretion to opaque algorithmic systems engenders significant risks to
constitutionalism and administrative justice. The paper concludes by advocating comprehensive
legislative reform, institutional strengthening, and doctrinal recalibration to ensure that digital
governance evolves in consonance with the enduring imperatives of legality, fairness, and the
protection of fundamental rights.