The Socio-Economic Rights and Accountability Project has urged President Bola Tinubu to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to immediately withdraw the Lawful Interception of Communications Regulations, 2019, describing them as “unconstitutional, unlawful and inconsistent with Nigeria’s international obligations.”
The organisation also called on the President to initiate a transparent and inclusive legislative process to ensure that any lawful interception framework complies with constitutional safeguards, judicial oversight requirements, and Nigeria’s international human rights obligations.
SERAP’s request was contained in a letter dated February 21, 2026, according to a statement signed and released on Sunday by the organisation’s Deputy Director, Kolawole Oluwadare.
The letter followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the National Security Adviser, Nuhu Ribadu, had his phone conversation intercepted.
El-Rufai reportedly claimed, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
Blaming the LICR 2019 for the occurrence of such an incident, SERAP stated that “the Regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”
SERAP said the regulations grant “overly broad and vague powers to intercept communications on grounds such as ‘national security,’ ‘economic wellbeing,’ and ‘public emergency,’ without adequate judicial safeguards, independent oversight, transparency, or effective remedies.”
According to SERAP, the Regulations raise serious concerns, particularly as Nigeria approaches the 2027 general elections.
“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.
“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.
“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 letter partly read.
SERAP stated that it would take legal action if its recommendations were not implemented within seven days of receipt or publication of the letter.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter.
“If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest,” the letter said.
Citing the Office of the United Nations High Commissioner for Human Rights, the organisation noted that “mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary per se and can never satisfy the requirements of legality, necessity, and proportionality.”
It added, “The mere retention or storage of personal data relating to an individual’s private life constitutes an interference with this right—whether or not the data is subsequently accessed or used.
“Secret surveillance and bulk data collection create a permanent risk of misuse, profiling and abuse, particularly given the formidable technologies available to state authorities.”
SERAP argued that the government has a positive obligation to adopt clear laws, effective safeguards, independent oversight mechanisms, and accessible remedies to prevent abuse, adding that such duties extend to private actors, including telecommunications providers and technology companies.
The group stated that the Nigerian Communications Commission, while exercising its powers under Section 70 of the Nigerian Communications Act, 2003, adopted the Lawful Interception of Communications Regulations, 2019.
It said Regulation 4 grants broad discretionary interception powers to the National Security Adviser and the State Security Services, with minimal clarity regarding the scope or limits of such discretion.
According to SERAP, 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, National Drug Law Enforcement Agency, and any other agency the Commission may designate.
“This creates ambiguity and undermines legal certainty. Nigerians cannot reasonably know which authorities are empowered to intercept their communications, making the Regulations unpredictable and prone to arbitrary application and abuse,” the organisation stated.
It further argued that Regulation 8 permits interception without a warrant in situations involving consent, threats to life, or actions in the “ordinary course of business,” which it described as overly broad.
SERAP also raised concerns over the retention and archiving of intercepted communications for up to three years under Regulation 6, the disclosure of encryption keys under Regulation 9, and emergency interception powers under Regulation 12, which allow warrantless surveillance on broad grounds including “national security” and “organised crime.”
The organisation maintained that while it acknowledges the government’s responsibility to address national security and organised crime, such objectives must be pursued within constitutional and international human rights limits.
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