The Socio-Economic Rights and Accountability Project has taken legal action against the Federal Government of Nigeria led by President Bola Tinubu over regulations that allow the interception of private communications.
The case was filed at the ECOWAS Community Court of Justice in Abuja on Friday. The organisation is asking the court to compel the government to withdraw the Lawful Interception of Communications Regulations, 2019, which it says allow widespread monitoring of phone calls and other digital communications.
The group also wants the court to order the government to begin a process that would produce interception rules that respect international human rights standards.
SERAP said the lawsuit followed public allegations made by former Kaduna State governor Nasir El-Rufai, who claimed that the phone conversation of the National Security Adviser, Nuhu Ribadu, had been intercepted. According to the organisation, such claims raised fresh concerns about how the existing regulations could be used and whether they are being applied in ways that could threaten citizens’ rights.
The Lawful Interception of Communications Regulations, adopted by the Nigerian Communications Commission in 2019, require telecommunications companies to install systems that allow security agencies to monitor communications when necessary.
These communications may include voice calls, text messages, emails, data transfers and internet browsing. The regulation states that the monitoring is intended to support national security and fight crime.
However, SERAP argued that the rules create a wide system of surveillance that could violate the privacy and freedom of expression of Nigerians.
In the suit numbered ECW/CCJ/APP/11/26, the organisation asked the ECOWAS court to declare that the government’s refusal to withdraw the regulations breaches Nigeria’s international human rights obligations.
It also requested an order directing the government to remove the regulations and develop a new legal framework that would clearly define the limits of interception powers and provide stronger protection for citizens.
SERAP further argued that the rules grant extensive powers to security authorities without clear limits or strong independent supervision. According to the group, such powers could be misused against journalists, civil society members, political opponents and other individuals.
It also said that when surveillance powers are exercised without strict control or judicial oversight, the risk of abuse becomes high.
The organisation expressed concern that the issue could become more sensitive as the country approaches the 2027 general elections. It warned that the possibility of communication monitoring during political periods could affect political organising, investigative journalism and voter mobilisation if people fear that their private discussions are being watched.
SERAP also referred to international human rights principles which state that any restriction on privacy must be lawful, necessary and proportionate. It argued that the Nigerian regulations do not meet these standards because they allow broad interception powers and provide little clarity on how such powers should be used.
The group also pointed to sections of the regulation that give authority to the National Security Adviser and the State Security Service to carry out interception.
It said other parts of the regulation appear to extend this authority to additional agencies such as the Nigeria Police Force, the National Intelligence Agency, the Economic and Financial Crimes Commission and the National Drug Law Enforcement Agency. According to SERAP, this lack of clarity could lead to arbitrary application.
Another concern raised by the organisation is that the regulations allow interception without a warrant in certain situations. SERAP said such provisions could open the door to misuse because they do not require strong judicial approval before surveillance takes place.
The group also criticised the absence of rules requiring authorities to inform individuals who have been monitored. It said that when people are not notified about surveillance actions, they cannot challenge unlawful monitoring in court.
SERAP also warned that forcing telecommunications companies to install interception equipment and disclose encryption keys could weaken cybersecurity and discourage the use of technologies that protect privacy.
While acknowledging that governments have the duty to tackle national security threats and organised crime, the organisation maintained that such measures must remain within constitutional and international human rights limits.
Lawyers representing SERAP in the case include Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni. As of the time the suit was filed, the ECOWAS Community Court of Justice had not fixed a date for the hearing.