PHONE-TAPPING RULES: SERAP FILES SUIT AGAINST FG
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By: Balogun Ibrahim
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 over what it calls the government’s failure to repeal the “unlawful” mass phone-tapping rules under the Lawful Interception of Communications Regulations (LICR), 2019.
LICR 2019 allows telecom operators to install technology enabling security agencies to monitor communications—including voice calls, texts, emails, data, and browsing activity—for national security and crime prevention purposes.
According to a statement released Sunday by SERAP Deputy Director Kolawole Oluwadare, the lawsuit follows 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 reportedly said, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
In a suit numbered ECW/CCJ/APP/11/26, filed last Friday at the ECOWAS Community Court of Justice in Abuja, SERAP is asking the court to declare that the government’s failure to repeal the Interception of Communications Regulations (LICR) is unlawful and violates Nigeria’s international human rights obligations.
The organisation also wants the court to rule that the government’s inaction effectively endorses unlawful mass phone-tapping, noting that the regulations contravene the rule of law, democratic principles, and the right to privacy.
SERAP is further seeking an order compelling the Nigerian government to immediately withdraw the regulations and begin a legislative process to ensure any future interception laws comply with Nigeria’s international human rights commitments.
The suit, filed on behalf of SERAP by lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke, and Maryam Mumuni, contends that the Interception of Communications Regulations establish a sweeping mass phone-tapping system that violates Nigerians’ constitutionally and internationally guaranteed rights to privacy and freedom of expression.
According to the suit, “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 judicial oversight can easily be weaponised against political opponents, journalists, civil society actors, and election observers.”
SERAP also raised concerns about the approach of the 2027 general elections, warning that broad interception powers could be abused during politically sensitive periods. “Even the perception that private communications are being monitored can chill political organising, investigative reporting, and voter mobilisation,” the suit stated.
It added, “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 the integrity of the electoral process. 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 democracy.”
SERAP has argued that any restriction on the right to privacy must adhere to the principles of legality, necessity, and proportionality, saying the current regulations fail to meet these standards.
The group cited the Office of the United Nations High Commissioner for Human Rights, which has noted that mass surveillance programmes based on indiscriminate collection of personal data are arbitrary and cannot satisfy the requirements of legality, necessity, and proportionality.
SERAP emphasised that the Nigerian government has a responsibility to establish clear laws, safeguards, independent oversight mechanisms, and accessible remedies to prevent abuse by state agencies and private actors, including telecom operators and technology companies.
According to SERAP, the Nigerian Communications Commission (NCC) introduced the Lawful Interception of Communications Regulations (LICR) 2019 under powers granted by Section 70 of the Nigerian Communications Act, 2003. The organisation argued that Regulation 4 gives sweeping discretionary interception powers to the National Security Adviser (NSA) and the State Security Services (SSS) without clear limits.
SERAP also highlighted inconsistencies within the regulations. While Regulations 4 and 12 restrict interception powers to the NSA and SSS, Regulation 23 expands the list of authorised agencies to include the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission, National Drug Law Enforcement Agency, and any other body designated by the NCC.
The group said such ambiguity undermines legal certainty and increases the risk of arbitrary application and abuse.
SERAP also criticised provisions in the regulations that allow interception without a warrant, saying such powers are overly broad and open to abuse.
The organisation expressed concern that authorities are not required to notify individuals subjected to surveillance, a situation it said weakens citizens’ ability to challenge unlawful monitoring.
SERAP further warned that obligations for telecom licensees to install interception equipment and disclose encryption keys could undermine cybersecurity and discourage the use of privacy-enhancing technologies.
While acknowledging the government’s responsibility to address national security and organised crime, the group stressed that such measures must remain within constitutional and international human rights limits.
No date has yet been set for the hearing of the suit.
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