The Socio-Economic Rights and Accountability Project has called on President Bola Tinubu to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to withdraw the Lawful Interception of Communications Regulations, 2019, describing the framework as unconstitutional and inconsistent with Nigeria’s international human rights obligations.
In a letter dated February 21, 2026, the group urged the President to initiate a transparent and inclusive legislative process to establish any future interception regime in line with constitutional safeguards, judicial oversight and international standards. The letter was disclosed in a statement issued by SERAP’s Deputy Director, Kolawole Oluwadare.
The organisation’s intervention followed allegations by former Kaduna State Governor, Nasir El-Rufai, who claimed that a telephone conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted. El-Rufai alleged that calls involving him were also monitored.
SERAP argued that the 2019 Regulations create what it described as a sweeping surveillance framework that threatens constitutionally protected rights to privacy and freedom of expression. According to the group, the rules grant broad interception powers on grounds such as national security, economic wellbeing and public emergency without adequate judicial safeguards, independent oversight or transparency.
The organisation expressed concern that the regulations could be misused in the run-up to the 2027 general elections. It warned that surveillance measures lacking strict necessity, proportionality and prior judicial authorisation could be deployed against political opponents, journalists, civil society groups and election observers.
SERAP maintained that even the perception of monitoring private communications could discourage political engagement, investigative reporting and voter mobilisation. It argued that credible elections depend on confidential communications, protection of journalistic sources and open democratic debate.
The group gave the Federal Government seven days to act on its recommendations, failing which it said it would initiate legal proceedings in the public interest.
Citing standards from the Office of the United Nations High Commissioner for Human Rights, SERAP stated that indiscriminate mass surveillance programmes are inherently arbitrary and cannot meet the requirements of legality, necessity and proportionality under international law.
The organisation also raised specific objections to provisions within the Regulations. It noted that the Nigerian Communications Commission adopted the framework under Section 70 of the Nigerian Communications Act, 2003.
According to SERAP, Regulation 4 confers wide discretionary interception powers on the National Security Adviser and the State Security Services with limited clarity on the scope of those powers. Regulation 23 broadens the category of authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and National Drug Law Enforcement Agency, as well as other agencies designated by the Commission.
The group argued that this expansion creates ambiguity and undermines legal certainty, making it difficult for citizens to determine which authorities may lawfully intercept their communications.
It further criticised Regulation 8, which permits interception without a warrant in certain circumstances, including consent, threats to life and actions taken in the “ordinary course of business,” describing the language as overly broad. Concerns were also raised over the retention of intercepted data for up to three years, disclosure of encryption keys and emergency interception powers that allow warrantless surveillance on grounds such as national security and organised crime.
While acknowledging the government’s duty to address security challenges and criminal activity, SERAP maintained that such objectives must be pursued within the bounds of constitutional protections and international human rights standards.
