Integrating Customary Law into Data Science Health Research Governance

The need for governance frameworks that reflect indigenous philosophical traditions and values cannot be overemphasized. Hence, in the BridgELSI project, we are exploring how customary law could help strengthen ethical oversight of DSHR with special focus on Yoruba Customary Law. The Yoruba is one of the three leading tribes in Nigeria.

Why This Matters

Yoruba customary law, far from being a static relic of pre-colonial society, continues to function as a living system of normative regulation that shapes conduct in family relations, property disputes, and communal governance. The persistence and adaptability of this legal-moral system suggest that it embodies philosophical principles of enduring relevance—principles that may offer valuable resources for contemporary challenges in research ethics governance.

Our Research

“Moral Philosophy Underpinning Yoruba Customary Law: Contributions to Ethical Governance of Data Science Health Research” – Under peer review

This paper examines how Yoruba philosophical concepts can contribute to ethical oversight of DSHR. Key concepts include:

Omolúwàbí (moral personhood) and ìwà (character) – emphasizing that ethical research depends fundamentally on the character of researchers, not merely their compliance with rules
Àṣuwàdà (communal existence) – recognizing that data about individuals is simultaneously data about communities, requiring community involvement in governance decisions
Ọmọ ilé (kinship and belonging) – establishing graduated moral obligations based on relational proximity and research relationship depth
Ìgbìmọ̀ (council deliberation) – providing models for deliberative, consensus-oriented decision-making in research ethics committees
Ẹbọ (sacrifice and reciprocity) – framing benefit-sharing as essential for maintaining the relational balance that enables research

The paper proposes practical governance mechanisms including Community Data Governance Councils, researcher accountability registries, mentorship programs emphasizing character formation, and restorative justice approaches to addressing research ethics violations.

This work contributes to ensuring that DSHR conducted in African contexts is ethically grounded in ways that honor indigenous moral wisdom while addressing the technical complexities of contemporary data science applications in health research.