• Super Admin
• 08 Mar, 2026

March 08, (THEWILL) -- The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu at the ECOWAS Community Court of Justice in Abuja, seeking an order to scrap what it described as unlawful phone surveillance rules under the Lawful Interception of Communications Regulations, 2019. The suit, marked ECW/CCJ/APP/11/26, was filed last Friday, following allegations by former Kaduna State Governor, Nasir El-Rufai, that the phone conversation of the National Security Adviser (NSA), Nuhu Ribadu, had been intercepted. El-Rufai reportedly claimed that "the NSA's call was tapped. They do that to our calls too, and we heard him saying they should arrest me", an allegation that has reignited concerns about surveillance practices in Nigeria. In the suit, SERAP is asking the ECOWAS Court to declare that the Federal Government's failure to withdraw the Lawful Interception of Communications Regulations, 2019, is unlawful and violates Nigeria's international human rights obligations. The organisation is also seeking a declaration that retaining the regulations amounts to official endorsement of unlawful mass phone-tapping rules that undermine the rule of law, democratic principles and the right to privacy. SERAP further urged the court to compel the Nigerian government to immediately withdraw the regulations and commence a legislative process to ensure that any interception framework aligns with Nigeria's international human rights obligations. According to the rights group, the regulations establish a sweeping mass phone-tapping regime that violates Nigerians' constitutionally and internationally guaranteed rights, including the rights to privacy and freedom of expression. The organisation warned that when powers affecting fundamental rights are exercised in secrecy and concentrated within political authorities without independent oversight, the risks of arbitrariness and abuse become significant. SERAP argued that surveillance measures lacking strict necessity, proportionality and independent judicial oversight could easily be weaponised against political opponents, journalists, civil society organisations and election observers. The group also expressed concern that the regulations could be abused as Nigeria approaches the 2027 general elections, warning that broadly defined interception powers during politically sensitive periods pose a real risk to democratic participation and electoral integrity. The suit, filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni, stated that secret surveillance and bulk data collection create a permanent risk of misuse, profiling and abuse, particularly given the powerful technologies available to state authorities. SERAP also argued that even the retention or storage of personal data relating to an individual's private life constitutes interference with the right to privacy, regardless of whether the data is subsequently accessed or used. The group highlighted inconsistencies in the regulations, noting that while Regulation 4 limits interception powers to the National Security Adviser and the State Security Services (SSS), Regulation 23 expands the category of authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and the National Drug Law Enforcement Agency. According to SERAP, the ambiguity surrounding which agencies are authorised to intercept communications undermines legal certainty and increases the risk of arbitrary application and abuse. The organisation also raised concerns about provisions that allow interception without a warrant in certain circumstances, compelling disclosure of encryption keys and requiring telecommunications licensees to install interception equipment capable of enabling surveillance. SERAP warned that such provisions could discourage the use of privacy-enhancing technologies and weaken secure communications, thereby undermining freedom of expression, privacy and association. While acknowledging the government's responsibility to tackle national security threats and organised crime, SERAP insisted that such objectives must be pursued within constitutional and international human rights limits. "No restriction on the right to privacy is permissible unless it strictly complies with the principles of legality, necessity and proportionality", the organisation argued, adding that the current regulations fail to meet those standards. No date has yet been fixed for the hearing of the suit. Source: https://thewillnews.com/serap-seeks-court-order-to-scrap-nigerias-phone-surveillance-regulation/