The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the administration of President Bola Ahmed Tinubu at the ECOWAS Community Court of Justice, challenging the Federal Government’s alleged failure to withdraw controversial phone-interception regulations.
The suit targets the “Lawful Interception of Communications Regulations, 2019,” which SERAP described the phone surveillance rules as unlawful rules enabling mass surveillance and violating Nigerians’ fundamental rights to privacy and freedom of expression.
The case, marked ECW/CCJ/APP/11/26, was filed last Friday at the regional court in Abuja.
According to the human rights organisation, the legal action followed claims by the former governor of Kaduna State, Nasir El-Rufai, who alleged that the phone call of the National Security Adviser, Nuhu Ribadu, had been intercepted.
SERAP quoted El-Rufai as saying that, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
In the suit, SERAP is asking the court to declare that the Nigerian government’s failure to withdraw the interception regulations is unlawful and inconsistent with the country’s international human rights obligations.
The organisation is also seeking an order compelling the Federal Government to immediately withdraw the regulations and initiate legislative reforms to ensure that any future communication interception framework complies with international human rights standards.
SERAP argued that the regulations establish a sweeping surveillance regime capable of violating constitutionally protected rights, particularly the right to privacy guaranteed under Section 37 of the Nigerian Constitution.
The group warned that when surveillance powers affecting fundamental rights are exercised in secrecy and concentrated in political authorities without independent oversight, the risk of abuse becomes significant.
It also noted that broad interception powers lacking strict safeguards could be weaponised against political opponents, journalists, civil society organisations, and election observers.
The organisation further expressed concern that the rules could be abused as Nigeria approaches the 2027 general elections.
According to SERAP, the mere perception that private communications are being monitored could discourage political organising, investigative journalism, and voter mobilisation.
In the suit filed by SERAP lawyers, Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke, and Maryam Mumuni, the group argued that the regulations grant overly broad and vague powers to intercept communications on grounds such as national security, economic well-being, and public emergency.
SERAP also highlighted inconsistencies within the regulations, noting that some provisions limit interception powers to the National Security Adviser and the State Security Services, while others broaden the definition of authorised agencies to include multiple law enforcement bodies such as the police and anti-corruption agencies.
The organisation said this ambiguity undermines legal certainty and creates a risk of arbitrary application.
SERAP further argued that some provisions allow interception without warrants under certain conditions and permit the retention of intercepted data for up to three years without clear safeguards governing storage, oversight, or destruction of such information.
The group also criticised provisions compelling telecommunications operators and private individuals to disclose encryption keys and install interception equipment, warning that such requirements could weaken cybersecurity and discourage the use of privacy-enhancing technologies.
While acknowledging the government’s responsibility to combat organised crime and protect national security, SERAP insisted that surveillance measures must comply with the principles of legality, necessity, and proportionality.
The organisation said any lawful interception framework should include prior judicial authorisation, independent oversight, transparency mechanisms, and accessible remedies for individuals whose rights may be violated.
According to SERAP, failure to introduce such safeguards could undermine privacy rights, freedom of expression, and the credibility of Nigeria’s democratic process, SERAP stated.