The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against the administration of Bola Tinubu at the ECOWAS Community Court of Justice, challenging the government’s refusal to withdraw regulations that allow the interception of communications.
The case targets the Lawful Interception of Communications Regulations, 2019 (LICR 2019), which permits telecommunications companies to install systems enabling security agencies to monitor various forms of communication, including phone calls, text messages, emails, internet activity and other data, primarily for national security and crime prevention purposes.
In a statement issued on Sunday, SERAP Deputy Director Kolawole Oluwadare said the lawsuit followed claims by former Kaduna State governor Nasir El-Rufai 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 was carried out on other individuals, including himself.
The suit, marked ECW/CCJ/APP/11/26 and filed last Friday in Abuja, seeks a declaration that the government’s failure to revoke the interception regulations violates Nigeria’s international human rights commitments.
SERAP also asked the court to rule that maintaining the rules effectively endorses a system of mass phone surveillance that contradicts democratic values, the rule of law and the right to privacy.
The rights group further urged the court to compel the Nigerian government to immediately withdraw the regulations and begin a legislative process to establish interception laws that comply with international human rights standards.
The legal action was filed by a team of SERAP lawyers including Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni. They argued that the regulations create a broad surveillance framework capable of infringing on citizens’ rights to privacy and freedom of expression.
According to the organisation, surveillance powers exercised without strict oversight or judicial approval could be abused by political authorities against journalists, activists, civil society groups and political opponents.
SERAP also warned that such expansive surveillance powers could pose risks as Nigeria moves closer to the 2027 general elections, noting that even the perception of widespread monitoring could discourage political participation and investigative journalism.
The group maintained that confidential communication is essential for credible elections, stressing that any misuse of intercepted data for intimidation, political gain or misinformation would threaten democratic integrity.
SERAP emphasised that limitations on privacy rights must satisfy legal standards of necessity, proportionality and legality, adding that the current regulations fail to meet those requirements.
The organisation referenced guidance from the Office of the United Nations High Commissioner for Human Rights, which states that large-scale surveillance programmes involving indiscriminate data collection are arbitrary and incompatible with human rights principles.
SERAP also criticised certain provisions in the regulations that grant extensive interception powers to agencies such as the National Security Adviser’s office and the State Security Services.
It noted that the rules appear inconsistent because some sections restrict interception authority to specific agencies, while another provision expands it to include the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and National Drug Law Enforcement Agency, among others.
According to SERAP, this lack of clarity could encourage arbitrary use of interception powers and weaken legal safeguards.
The organisation also criticised provisions allowing communications to be intercepted without a court warrant in some situations and warned that requiring telecom operators to install interception equipment and disclose encryption keys could weaken cybersecurity protections.
While acknowledging the government’s responsibility to address security threats and organised crime, SERAP insisted that such efforts must remain within constitutional and international human rights limits.
As of now, the ECOWAS court has not fixed a date for the hearing of the case.
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