The Socio-Economic Rights and Accountability Project, SERAP, has urged President Bola Tinubu to direct Bosun Tijani, Minister of Communications, Innovation and Digital Economy, to immediately withdraw the Lawful Interception of Communications Regulations, 2019.
According to SERAP, the regulations are “unconstitutional, unlawful, and entirely inconsistent with Nigeria’s international obligations.”
This was contained in a letter dated 21 February 2026 and signed by SERAP deputy director, Kolawole Oluwadare.
The organisation emphasized the urgent need for a transparent legislative process to ensure any lawful interception framework complies with constitutional safeguards, judicial oversight, and international human rights standards.
The call comes in the wake of allegations by former Kaduna State Governor Nasir El-Rufai that the National Security Adviser (NSA), Nuhu Ribadu’s phone conversation was intercepted.
El-Rufai reportedly stated, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
SERAP described the regulations as establishing “a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights including to privacy and freedom of expression.”
The organisation warned that the rules 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.”
The letter also highlighted concerns over the upcoming 2027 general elections, stating, “Broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods.”
It added, “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.”
SERAP stressed the importance of privacy in democratic processes: “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.”
The organisation called for narrow, clearly defined interception powers, backed by independent judicial authorization and effective remedies, warning that the current regulations “fail all three tests” of legality, necessity, and proportionality.
Highlighting specific provisions, SERAP raised alarm over Regulation 4, which gives “broad discretionary interception power with minimal clarity regarding the scope or limits of such discretion,” and Regulation 23, which allows the Nigerian Communications Commission to designate additional authorities with interception powers, creating “ambiguity and undermines legal certainty.”
The group also criticized provisions that allow interception without a warrant in broad circumstances, the lack of notification to affected individuals, and mandatory disclosure of encryption keys, which it said “weakens cybersecurity for everyone and fails to provide safeguards for journalists, lawyers, and human rights defenders.”
SERAP concluded, “While SERAP acknowledges the government’s responsibility to address national security and organised crime, such objectives must be pursued within constitutional and international human rights limits. The Regulations are neither necessary in a democratic society nor proportionate.”
The organization further demanded a response within seven days, warning that failure to act would compel it to pursue “all appropriate legal actions to ensure the government complies with our request in the public interest.”