SERAP urges Tinubu to withdraw ‘unconstitutional’ communications interception regulations

By Philip Nwosu

The Socio-Economic Rights and Accountability Project (SERAP) has called on 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 and inconsistent with Nigeria’s international human rights obligations.

In a letter dated February 21, by its Deputy Director, Kolawole Oluwadare, SERAP urged 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 international standards.

The request follows allegations by former Kaduna State Governor, Nasir El-Rufai, who claimed that a phone conversation involving the National Security Adviser, Nuhu Ribadu, was intercepted. El-Rufai reportedly alleged that security agencies had tapped calls and discussed plans to arrest him. SERAP argued that the Regulations establish what it described as a sweeping mass surveillance regime that violates Nigerians’ rights to privacy and freedom of expression. According to the organisation, the framework grants 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.

The group expressed concern that serious interferences with fundamental rights cannot be authorised through subsidiary regulations or exercised in secrecy without strict safeguards. It warned that the Regulations raise significant concerns as Nigeria approaches the 2027 general elections.

“Broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods,” SERAP stated, adding that surveillance measures lacking strict necessity, proportionality and independent judicial oversight could be weaponised against political opponents, journalists, civil society actors and election observers.

The organisation stressed that free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. It warned that any misuse of intercepted data for intimidation or political advantage would undermine Nigerians’ right to political participation and electoral integrity.

SERAP further argued that the Regulations fail to meet the principles of legality, necessity and proportionality required for any restriction on the right to privacy. It said the provisions normalise surveillance as routine state practice and invert the presumption of privacy. The group gave the Federal Government seven days to act on its recommendations, failing which it threatened to initiate legal proceedings in the public interest.

SERAP also referenced guidance from the Office of the United Nations High Commissioner for Human Rights, which has stated that indiscriminate mass surveillance programmes cannot satisfy the requirements of legality, necessity and proportionality.

Detailing specific concerns, SERAP noted that Regulation 4 grants broad interception powers to the National Security Adviser and the State Security Services, while Regulation 23 expands the definition 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.

According to SERAP, this expansion creates ambiguity and undermines legal certainty, as Nigerians cannot reasonably determine which authorities are empowered to intercept communications. The organisation argued that such regulatory ambiguity threatens the rule of law and weakens accountability mechanisms. The group also criticised provisions permitting warrantless interception in certain circumstances, ex parte warrant applications without adversarial safeguards, lack of notification to individuals subjected to surveillance and retention of intercepted communications for up to three years without clear conditions for storage and destruction.

It expressed concern over requirements compelling disclosure of encryption keys and mandating installation of interception equipment by telecommunications providers, warning that such measures could undermine cybersecurity and discourage privacy-enhancing technologies.

While acknowledging the government’s responsibility to address national security and organised crime, SERAP maintained that such objectives must be pursued within constitutional and international human rights limits.

“The Regulations are neither necessary in a democratic society nor proportionate,” the organisation said, urging the President to act swiftly to safeguard Nigerians’ privacy rights and the integrity of the country’s democratic process.