The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to “direct Mr Bosun Tijani, Minister of Communications, Innovation and Digital Economy to immediately withdraw the Lawful Interception of Communications Regulations, 2019, as the Regulations are unconstitutional, unlawful, and entirely inconsistent with Nigeria’s international obligations.”
SERAP urged him “to urgently initiate a transparent and inclusive legislative process to ensure that any lawful interception framework fully complies with constitutional safeguards, judicial oversight requirements, and Nigeria’s international obligations.”
The request followed allegations by the former Kaduna State Governor, Nasir El-Rufai that the National Security Adviser (NSA), Nuhu Ribadu’s phone conversation was intercepted. Mr. 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.”
In the letter dated 21 February 2026 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “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, “serious interferences with fundamental rights cannot be authorised through subsidiary regulations or exercised in secrecy without strict safeguards.”
The letter, read in part: “The Regulations also raise serious concerns as Nigeria approaches the 2027 general elections. Broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods.”
“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.”
“Any restriction on the right to privacy must strictly comply with the principles of legality, necessity and proportionality. The Regulations fail all three tests.”
“The Regulations normalise surveillance as routine state practice and invert the presumption of privacy by criminalising interception except as permitted under the Regulations.”
“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 Office of the United Nations High Commissioner for Human Rights has made it unequivocally clear: 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.”
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