The Socio‑Economic Rights and Accountability Project has called on President Bola Tinubu to direct the Minister of Communications, Innovation and Digital Economy to withdraw the Lawful Interception of Communications Regulations, 2019, on grounds they are unconstitutional and inconsistent with Nigeria’s international obligations.
The call followed public allegations by former Kaduna State governor Nasir El‑Rufai that the office of the National Security Adviser had intercepted a phone conversation with NSA Nuhu Ribadu.
In response, SERAP wrote to President Tinubu on February 21, 2026, criticising the regulations governing lawful interception of communications.
In its letter, signed by SERAP deputy director Kolawole Oluwadare, the organisation described the Lawful Interception of Communications Regulations, 2019, as establishing a “sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights including to privacy and freedom of expression.”
SERAP said the regulations grant broad powers to intercept communications on grounds such as “national security,” “economic wellbeing,” and “public emergency,” with limited judicial safeguards, independent oversight, transparency, or effective remedies.
The organisation also stated that the regulations allow overly broad discretionary interception powers to the National Security Adviser and the State Security Services, and that the definitions of “authorised agencies” could extend those powers to other security bodies at the discretion of the Nigerian Communications Commission.
According to SERAP, “serious interferences with fundamental rights cannot be authorised through subsidiary regulations or exercised in secrecy without strict safeguards.”
The group noted that private communications are part of individuals’ personal sphere and that protections require clear legal limits.
SERAP expressed concern that broad and weakly safeguarded interception powers pose risks to privacy rights and freedom of expression.
The organisation argued that the regulations do not require adequate judicial authorisation or effective remedies for individuals whose communications may be intercepted.
The letter also cited potential risks as Nigeria approaches the 2027 general elections, saying that interception powers without strict safeguards could be misused during politically sensitive periods.
In its correspondence, SERAP urged President Tinubu to direct an immediate withdrawal of the Lawful Interception of Communications Regulations, 2019, and to initiate a transparent and inclusive legislative process to produce a lawful interception framework that complies with constitutional safeguards, judicial oversight requirements, and international obligations.
The organisation asked that these measures be taken within seven days of receipt of the letter, warning that it would pursue appropriate legal action otherwise.
