SERAP calls on Tinubu to scrap regulations permitting phone surveillance of Nigerians

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Ahmed Tinubu to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to immediately withdraw the Lawful Interception of Communications Regulations, 2019, describing the framework as unconstitutional and inconsistent with Nigeria’s international human rights obligations.

In a letter dated February 21, 2026 and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation called on the President to urgently initiate a transparent and inclusive legislative process to replace the current regulations with a framework that complies with constitutional safeguards, judicial oversight requirements and international standards.

SERAP’s call follows recent allegations by former Kaduna State Governor, Nasir El-Rufai, who claimed that the phone conversation of the National Security Adviser, Nuhu Ribadu, had been intercepted.

El-Rufai reportedly alleged that the NSA’s call was tapped and suggested that similar surveillance practices had affected other political figures. The claims have heightened public debate over the scope and oversight of Nigeria’s interception regime.

SERAP argued that the 2019 Regulations establish what it described as a sweeping surveillance system that violates constitutionally and internationally guaranteed rights to privacy and freedom of expression.

According to the group, the Regulations grant broad and vaguely defined powers to intercept communications on grounds such as “national security,” “economic wellbeing,” and “public emergency,” without sufficient judicial safeguards, independent oversight, transparency or effective remedies.

The organisation maintained that serious interferences with fundamental rights should not be authorised through subsidiary regulations or exercised in secrecy without strict safeguards.

The rights group also warned that the Regulations raise serious concerns as Nigeria approaches the 2027 general elections. It argued that broad interception powers lacking strict necessity, proportionality and independent judicial oversight could be abused during politically sensitive periods.

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SERAP stated that surveillance measures without clear safeguards could be weaponised against political opponents, journalists, civil society actors and election observers. It added that even the perception of monitored private communications could discourage political organising, investigative reporting and voter mobilisation.

“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate,” the letter noted, warning that misuse of intercepted data for intimidation, political advantage or disinformation would undermine electoral integrity.

SERAP further criticised the role of the Nigerian Communications Commission (NCC), which adopted the Regulations under Section 70 of the Nigerian Communications Act, 2003.

The group argued that certain provisions, particularly Regulation 23, effectively grant unfettered administrative power by allowing the expansion of interception grounds at the Commission’s discretion. This, SERAP contended, conflicts with Section 37 of the Nigerian Constitution, which guarantees the right to privacy.

The organisation also expressed concern that warrant applications under the Regulations are made ex parte, without adversarial safeguards, and that affected individuals are not notified during or after surveillance — limiting their ability to challenge unlawful interception.

Citing guidance from the Office of the United Nations High Commissioner for Human Rights, SERAP maintained that indiscriminate or blanket data collection cannot meet the standards of legality, necessity and proportionality required under international law.

SERAP gave the Federal Government seven days to act on its recommendations, warning that it would pursue appropriate legal action in the public interest if no response is received.

While acknowledging the government’s responsibility to address national security and organised crime, the organisation stressed that such objectives must be pursued within constitutional and international human rights limits.

“The Regulations are neither necessary in a democratic society nor proportionate,” SERAP said, urging the administration to adopt clear laws, robust safeguards, independent oversight mechanisms and accessible remedies to prevent abuse.

As debate intensifies over surveillance and privacy protections, the Federal Government is yet to formally respond to the latest concerns raised by the civil rights organisation.