SOCIO-ECONOMIC Rights and Accountability Project (SERAP) has sued the Federal Government at the ECOWAS Community Court of Justice sitting in Abuja over alleged failure to withdraw “the patently unlawful mass phone-tapping rules” known as “Lawful Interception of Communications Regulations, 2019.”
The lawsuit followed allegations by a former Kaduna State Governor, Nasir el-Rufai, that the National Security Adviser (NSA), Nuhu Ribadu’s phone conversation was intercepted.
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 suit number ECW/CCJ/APP/11/26 filed at the weekend, SERAP is seeking a declaration that the government’s failure to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria’s international human rights obligations.
SERAP is seeking a declaration that the government’s failure to withdraw the regulations constitutes an official endorsement of unlawful mass phone-tapping rules, as the regulations are patently unlawful and violate the rule of law, democratic principles, and the right to privacy.
The body is also seeking an order directing and compelling the Nigerian government to immediately withdraw the interception regulations, and to commence a legislative process to ensure that any interception regulations are in conformity with Nigeria’s international human rights obligations.
In the suit, SERAP is arguing that the regulations establish a sweeping mass phone-tapping regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including privacy and freedom of expression.
The organisation is also arguing that, where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent oversight, the risk of arbitrariness is substantial.
According to SERAP, 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.
The group is also arguing that the regulations also raise serious concerns as Nigeria approaches the 2027 General Elections, adding that broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods.
In the suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni, the organisation said secret surveillance and bulk data collection would create a permanent risk of misuse, profiling and abuse, particularly given the formidable technologies available to state authorities.
The body maintained that free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate, noting that any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.
SERAP disclosed that the Nigerian Communications Commission (NCC), while purportedly exercising its powers under Section 70 of the Nigerian Communications Act, 2003, adopted the ‘Lawful Interception of Communications Regulations, 2019.
No date has been fixed for the hearing of the suit.
