SERAP Urges Tinubu to Withdraw Nigeria’s Phone Interception Regulations

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to order the immediate withdrawal of Nigeria’s Lawful Interception of Communications Regulations, 2019.

In a statement released on Sunday, the civic organisation described the regulations as unconstitutional and inconsistent with Nigeria’s international human rights obligations. It specifically urged the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to initiate steps to repeal the rules.

According to SERAP, the current framework creates the risk of broad and unchecked surveillance, potentially infringing on citizens’ rights to privacy and freedom of expression.

Concerns Over Broad Powers and Limited Oversight

The group argued that the regulations grant authorities sweeping powers to intercept communications on grounds such as national security, economic well-being, or public emergency, without sufficient judicial safeguards or independent oversight.

SERAP warned that interception measures lacking strict necessity, proportionality, and transparency could be misused against journalists, opposition figures, civil society groups, and election observers.

It also emphasised that serious interference with fundamental rights should not be authorised through subsidiary regulations or implemented in secrecy. Instead, the organisation is demanding a transparent and inclusive legislative review process that aligns with constitutional protections and international standards.

Political Tensions Fuel Debate

The renewed scrutiny of Nigeria’s interception framework comes amid recent political controversy.

Former Kaduna State Governor Nasir El-Rufai recently alleged during a television interview that a conversation involving National Security Adviser Nuhu Ribadu had been intercepted. He claimed the alleged leak revealed plans for his possible arrest upon returning to the country.

Although the claims remain unverified, the remarks have intensified debate about the extent of surveillance practices in Nigeria and whether interception powers are being exercised lawfully.

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Analysts note that, if substantiated, any unauthorised tapping of high-level security communications could raise serious legal and national security questions, particularly as political activity begins to gather momentum ahead of the 2027 general elections.

Existing Legal Framework

Under the Nigerian Communications Act, telecommunications operators are required to install interception capabilities that allow law enforcement agencies to access communications data in certain circumstances, such as public emergencies or matters of public safety.

To clarify how such interception should be conducted, the Nigerian Communications Commission issued the Lawful Interception of Communications Regulations in January 2019. The regulations were designed to provide a legal structure for surveillance activities while maintaining constitutional privacy guarantees.

However, SERAP maintains that the current provisions fall short of protecting citizens’ rights and lack adequate judicial control and transparency mechanisms.

As the debate continues, pressure is mounting for a comprehensive review of Nigeria’s surveillance laws, one that balances national security needs with fundamental civil liberties in a rapidly evolving digital landscape.