|By Adejumo Adekunle
The Socio-Economic Rights and Accountability Project (SERAP) has pressed President Bola Tinubu to order the immediate withdrawal of the controversial Lawful Interception of Communications Regulations, 2019, warning that the framework establishes what it describes as a sweeping mass surveillance regime that violates constitutional and international human rights standards.
In a letter dated 21 February 2026 and signed by its Deputy Director, Kolawole Oluwadare, SERAP urged the President to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to rescind the regulations without delay. The organisation declared the rules “unconstitutional, unlawful, and entirely inconsistent with Nigeria’s international obligations.”
The demand follows recent allegations by former Kaduna State Governor, Nasir El-Rufai, who claimed that a phone conversation involving the National Security Adviser, Nuhu Ribadu, was intercepted. El-Rufai reportedly alleged that Ribadu’s call was tapped and suggested that similar surveillance targeted his own communications.
Seizing on the controversy, SERAP warned that the regulations grant overly broad and vaguely defined powers to intercept communications under grounds such as national security, economic wellbeing, and public emergency. According to the group, these powers lack adequate judicial safeguards, independent oversight, transparency mechanisms, and effective remedies for abuse.
The organisation insisted that any lawful interception regime must strictly comply with constitutional safeguards, judicial authorisation, and international human rights obligations. It stressed that unchecked surveillance powers pose grave dangers, particularly as Nigeria approaches the 2027 general elections.
SERAP cautioned that loosely defined interception powers could be weaponised during politically sensitive periods. It warned that surveillance measures lacking strict necessity, proportionality, and independent judicial oversight could easily target political opponents, journalists, civil society actors, and election observers.
The group emphasised that democratic integrity depends on protected journalistic sources, confidential communications, and open political debate. It argued that misuse of intercepted data for intimidation, political advantage, or disinformation would fundamentally undermine citizens’ right to political participation and electoral credibility.
Specifically, SERAP faulted Regulation 4, describing it as granting broad discretionary interception authority with minimal clarity on scope and limits. It also criticised Regulation 23, which empowers the Nigerian Communications Commission to designate additional authorities with interception powers, warning that such provisions create ambiguity and erode legal certainty.
The organisation further condemned clauses permitting interception without a warrant in wide-ranging circumstances, the absence of notification requirements for affected individuals, and mandatory disclosure of encryption keys. It warned that compelling access to encryption weakens cybersecurity protections and exposes journalists, lawyers, and human rights defenders to heightened risk.
While acknowledging the government’s duty to combat national security threats and organised crime, SERAP maintained that such objectives must operate within constitutional and international human rights boundaries. It argued that the current regulations fail the established legal tests of legality, necessity, and proportionality.
SERAP demanded a response from the Presidency within seven days, warning that failure to act would trigger legal proceedings to compel compliance in the public interest.
