Abuja, Nigeria – The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to direct the Minister of Communications to immediately withdraw the Lawful Interception of Communications Regulations, 2019, describing the rules as unconstitutional and inconsistent with Nigeria’s international obligations.
Okay News reports that SERAP, in a statement released on Sunday, said the regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed rights to privacy and freedom of expression. The organisation urged the government to initiate a transparent and inclusive legislative process to ensure any lawful interception framework fully complies with constitutional safeguards and judicial oversight requirements.
SERAP argued that the regulations grant overly broad powers to intercept communications on grounds such as national security, economic wellbeing, and public emergency without adequate judicial safeguards or independent oversight. The organisation warned that surveillance measures lacking strict necessity and proportionality can be weaponised against political opponents, journalists, civil society actors, and election observers.
The call follows recent allegations by former Kaduna State Governor Nasir El-Rufai that the phone conversation of the National Security Adviser, Nuhu Ribadu, had been intercepted. El-Rufai disclosed that he learnt of an alleged plan to arrest him through a leaked conversation from the NSA’s phone. His disclosure triggered concerns within political and security circles, with analysts warning that, if substantiated, the interception could amount to a grave breach of national security protocol.
Under the Nigerian Communications Act, operators are required to install equipment with interception capability allowing law enforcement agencies to access communication data during public emergencies or in the interest of public safety. The Nigerian Communications Commission issued the regulations in January 2019 to provide a legal framework for lawful interception while preserving the right to privacy guaranteed under the constitution. However, critics argue the framework lacks transparency and adequate safeguards.
