- they argued that the regulations establish a broad surveillance framework that could infringe on constitutionally protected rights
- The organisation is also requesting an order directing the government to immediately withdraw the rules
- SERAP warned that surveillance powers exercised without independent oversight or clear limitations could be misused against political opponents
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the administration of Bola Ahmed Tinubu at the ECOWAS Community Court of Justice over the government’s continued enforcement of the Lawful Interception of Communications Regulations, 2019.
Eko Hot Blog reports that the regulations allow telecommunications operators to install monitoring technology that enables security agencies to intercept various forms of communication, including phone calls, text messages, emails, internet browsing and other digital data, for national security and crime-fighting purposes.
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In a statement issued on Sunday by SERAP Deputy Director Kolawole Oluwadare, the organisation said the legal action was prompted by claims made by former Kaduna State governor Nasir El-Rufai, who alleged that a conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted.
According to SERAP, the suit, filed last Friday in Abuja and marked ECW/CCJ/APP/11/26, asks the court to declare that the Nigerian government’s refusal to repeal the interception regulations is unlawful and violates international human rights commitments related to privacy and civil liberties.
The organisation is also requesting an order directing the government to immediately withdraw the rules and begin a legislative process to create new interception laws that comply with global human rights standards.
The legal action was initiated by SERAP’s legal team comprising Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni.
In the filing, they argued that the regulations establish a broad surveillance framework that could infringe on constitutionally protected rights such as privacy and freedom of expression.
SERAP warned that surveillance powers exercised without independent oversight or clear limitations could be misused against political opponents, journalists, civil society organisations and election observers.
The group also raised concerns ahead of Nigeria’s 2027 general elections, saying widespread monitoring of communications could discourage political participation, investigative journalism and voter mobilisation.
The organisation further noted that certain provisions of the regulations allow interception without a court warrant in specific situations and require telecom companies to install monitoring equipment or provide encryption keys, measures SERAP believes could weaken cybersecurity protections.
According to the group, the Nigerian Communications Commission introduced the regulations under Section 70 of the Nigerian Communications Act of 2003.
However, SERAP argued that some provisions grant extensive powers to agencies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and National Drug Law Enforcement Agency without sufficient safeguards.
The group maintained that while the government has the responsibility to address national security and organised crime, such measures must respect constitutional rights and international legal standards. No hearing date has yet been scheduled for the case.
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