‘It’s unconstitutional’, SERAP asks Tinubu to stop phone tapping rules

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to immediately withdraw the Lawful Interception of Communications Regulations, 2019, describing the rules as “unconstitutional, unlawful and inconsistent with Nigeria’s international obligations.”

The call was contained in a letter dated February 21, 2026, and disclosed in a statement signed on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare.

The organisation also asked the President to initiate “a transparent and inclusive legislative process” to ensure that any lawful interception framework complies with constitutional safeguards, judicial oversight requirements and Nigeria’s international human rights obligations.

SERAP’s letter followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the National Security Adviser, Nuhu Ribadu, had his phone conversation 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.”

Reacting, SERAP blamed the Lawful Interception of Communications Regulations (LICR) 2019, stating that “the Regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”

The organisation said the regulations grant “overly broad and vague powers to intercept communications on grounds such as ‘national security,’ ‘economic wellbeing,’ and ‘public emergency,’ without adequate judicial safeguards, independent oversight, transparency, or effective remedies.”

SERAP expressed concern that the regulations pose particular risks as Nigeria approaches the 2027 general elections.

“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 letter stated.

“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.

“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.

“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process,” the letter partly read.

The group gave the Federal Government seven days to act on its recommendations.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter.

“If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest,” it said.

Citing the Office of the United Nations High Commissioner for Human Rights, SERAP noted that “mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary per se and can never satisfy the requirements of legality, necessity, and proportionality.”

It added, “The mere retention or storage of personal data relating to an individual’s private life constitutes an interference with this right—whether or not the data is subsequently accessed or used.

“Secret surveillance and bulk data collection create a permanent risk of misuse, profiling and abuse, particularly given the formidable technologies available to state authorities.”

SERAP argued that the government has a positive obligation to adopt clear laws, effective safeguards, independent oversight mechanisms and accessible remedies to prevent abuse, stressing that such responsibilities extend to private actors, including telecommunications providers and technology companies.

The organisation noted that the Nigerian Communications Commission adopted the regulations under Section 70 of the Nigerian Communications Act, 2003, but raised concerns that certain provisions grant expansive discretionary powers to security agencies with limited clarity or safeguards.

While acknowledging the government’s responsibility to address national security and organised crime, SERAP maintained that such objectives “must be pursued within constitutional and international human rights limits.”

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