• Super Admin
• 08 Mar, 2026

The Socio-Economic Rights and Accountability Project (SERAP) has taken the government of Bola Ahmed Tinubu to the ECOWAS Community Court of Justice over what it described as the government's refusal to withdraw controversial phone interception rules. The group filed the suit challenging the continued operation of the Lawful Interception of Communications Regulations, 2019, which permits telecommunications operators to deploy technology that allows security agencies to monitor calls, text messages, emails, browsing activities and other forms of digital communication for security purposes. In a statement issued on Sunday, March 8, SERAP's Deputy Director, Kolawole Oluwadare, said the legal action followed claims by former Kaduna State governor Nasir El-Rufai that a phone conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted. Naija News reports that El-Rufai allegedly claimed, "The NSA's call was tapped. They do that to our calls too, and we heard him saying they should arrest me." The case, marked ECW/CCJ/APP/11/26 and filed last Friday at the regional court in Abuja, asks the court to declare that the government's failure to withdraw the regulations breaches Nigeria's international human rights obligations. SERAP is seeking "a declaration that the failure of the government to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria's international human rights obligations." The organisation also wants the court to rule that the government's stance amounts to an official endorsement of unlawful surveillance. According to SERAP, the continued enforcement of the regulations "constitutes an official endorsement of unlawful mass phone-tapping rules, as the Regulations are patently unlawful, and violate the rule of law, democratic principles, and the right to privacy." The group further asked the court to compel the Nigerian government to immediately withdraw the regulations and begin a legislative process to produce interception rules that comply with international human rights standards. The suit was filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni. They argued that the regulations create a sweeping surveillance framework that undermines constitutionally protected freedoms. "The Regulations establish a sweeping mass phone-tapping regime that violates Nigerians' constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression," the lawyers stated. "Where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent supervision, the risks of arbitrariness are substantial. "Surveillance measures that lack strict necessity, proportionality and independent judicial oversight can easily be weaponised against political opponents, journalists, civil society actors and election observers." SERAP also raised concerns about the potential use of such surveillance powers ahead of Nigeria's 2027 general elections. "In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation," the suit stated. "Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians' right to political participation and electoral integrity. "As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria's democratic process." The organisation maintained that any limitation on privacy rights must meet the standards of legality, necessity and proportionality, insisting that the current regulations fall short of those benchmarks. SERAP cited the Office of the United Nations High Commissioner for Human Rights as warning that mass surveillance programmes based on indiscriminate and blanket data collection are arbitrary and fail to meet international human rights requirements. According to the group, the Nigerian government is obliged to adopt clear laws, effective safeguards and independent oversight mechanisms to prevent abuse by state agencies and private actors, including telecommunications companies and technology firms. SERAP noted that the Nigerian Communications Commission issued the regulations under Section 70 of the Nigerian Communications Act, 2003. It argued that Regulation 4 grants broad interception powers to the National Security Adviser and the State Security Service without clearly defining their limits. The organisation also pointed to inconsistencies in the rules, noting that while some provisions limit interception authority to the NSA and SSS, Regulation 23 expands the list of authorised agencies. These include the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and the National Drug Law Enforcement Agency, as well as any other body the commission may designate. SERAP said the lack of clarity creates legal uncertainty and heightens the risk of arbitrary application and abuse. The group also criticised provisions that permit interception without a warrant in certain circumstances, describing them as overly broad. It further expressed concern that individuals under surveillance are not required to be notified, which it said weakens citizens' ability to challenge unlawful monitoring. SERAP warned that requirements forcing telecommunications operators to install interception equipment and disclose encryption keys could undermine cybersecurity and discourage the development of privacy tools. While acknowledging the government's duty to tackle organised crime and protect national security, the organisation insisted that such efforts must respect constitutional safeguards and international human rights standards. No date has yet been fixed for the hearing of the case. Source: https://www.naijanews.com/2026/03/08/serap-drags-tinubus-govt-to-ecowas-court-over-mass-phone-tapping-rules/