The Socio-Economic Rights and Accountability Project has called on President Bola Ahmed Tinubu to order the withdrawal of the Lawful Interception of Communications Regulations 2019, arguing that the provisions violate constitutional rights and Nigeria’s international obligations.
In a letter dated February 21, 2026, the group urged the President to also initiate a transparent legislative process that would produce a surveillance framework consistent with constitutional protections, judicial oversight, and global human rights standards.
SERAP’s Deputy Director, Kolawole Oluwadare, said the current regulations give security agencies excessive powers that could be abused.
“The existing interception rules establish a broad surveillance regime that threatens Nigerians’ rights to privacy, freedom of expression and democratic participation,” the organisation said.
Allegations of phone tapping trigger concerns
The appeal followed claims by former Kaduna State governor, Nasir El-Rufai, who alleged that conversations involving the National Security Adviser, Nuhu Ribadu, had been intercepted.
El-Rufai reportedly suggested that such monitoring was not isolated.
“They tap calls. We have heard conversations where instructions were given to arrest me,” he was quoted as saying.
SERAP said the allegation highlights the risks posed by the current regulations, which it believes allow interception on loosely defined grounds such as national security, public emergency, or economic interest.
Fear of misuse ahead of 2027 elections
The organisation warned that surveillance without strict safeguards could be used to intimidate journalists, opposition figures, civil society actors and election observers as the 2027 general elections approach.
“Where monitoring powers lack strong judicial control and transparency, they can easily be weaponised against political opponents or used to influence the electoral process,” the group said.
SERAP stressed that confidential communication and protected journalistic sources are essential for credible elections.
“Free and fair polls depend on citizens’ ability to organise, report and communicate without fear of unlawful monitoring,” the letter added.
Legal flaws cited in the regulations
The group argued that several provisions of the regulations are problematic.
It noted that some sections allow interception without a warrant in certain circumstances, expand the number of agencies authorised to conduct surveillance, and permit storage of intercepted data for extended periods.
According to SERAP, such provisions create uncertainty about who can lawfully intercept communications and under what conditions.
“Nigerians cannot reasonably know which authorities are empowered to access their private communications. This lack of clarity makes the system prone to arbitrary application,” the organisation said.
Seven-day ultimatum
SERAP said it expects action from the government within seven days of receiving the letter, warning that it may seek legal remedies if its recommendations are ignored.
“If the necessary steps are not taken within the stipulated period, we will pursue appropriate legal action in the public interest,” the group stated.
While acknowledging the government’s responsibility to tackle crime and protect national security, SERAP insisted that such efforts must be carried out within constitutional limits and international human rights standards.
