The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Nigerian government at the ECOWAS Court of Justice, challenging what it described as the government’s failure to withdraw controversial phone-interception rules known as the Lawful Interception of Communications Regulations, 2019.
The suit targets the administration of Bola Ahmed Tinubu and argues that the regulations enable unlawful mass surveillance of Nigerians’ private communications.
According to SERAP, the case filed on Friday and marked ECW/CCJ/APP/11/26 seeks a declaration that the Nigerian government’s refusal to repeal the regulations violates Nigeria’s international human rights obligations and undermines the rule of law.
The lawsuit follows allegations by former Nasir El-Rufai, who claimed that a phone conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted. El-Rufai reportedly said the NSA’s phone call was tapped and suggested that similar surveillance might be carried out on other individuals’ communications.
SERAP’s demands
SERAP is asking the court to declare that the government’s failure to withdraw the interception regulations amounts to official endorsement of unlawful surveillance practices. The organisation also wants the court to order the Nigerian government to immediately withdraw the regulations and begin a legislative process to ensure any future interception framework complies with international human rights standards.
In the suit, SERAP argues that the regulations establish a broad surveillance system that violates constitutionally and internationally protected rights, including privacy and freedom of expression.
The organisation warned that surveillance powers exercised secretly and concentrated within political authorities, without independent oversight, create a high risk of abuse and arbitrary actions.
Concerns over political misuse
SERAP further argued that surveillance measures lacking strict necessity, proportionality and independent judicial oversight could easily be used against political opponents, journalists, civil society organisations and election observers.
The organisation said the issue becomes even more critical as Nigeria approaches the 2027 general elections, warning that broad interception powers could be abused during politically sensitive periods.
According to the lawsuit filed by SERAP’s lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni mass surveillance and bulk data collection create serious risks of misuse, profiling and abuse.
SERAP maintained that the storage of personal data relating to individuals’ private lives constitutes interference with their right to privacy, regardless of whether the data is later used.
Ambiguity in the regulations
The organisation also raised concerns about what it described as inconsistencies and vague provisions in the regulations.
While some sections restrict interception powers to the National Security Adviser and the State Security Service, another section expands the definition of “authorised agencies” to include additional bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and National Drug Law Enforcement Agency.
SERAP argued that this expansion creates uncertainty about which authorities are legally permitted to intercept communications, making the regulations vulnerable to arbitrary interpretation and misuse.
The group also criticised provisions allowing interception without a warrant under certain circumstances, including threats to life or actions carried out in the “ordinary course of business,” describing the grounds as overly broad and susceptible to abuse.
Privacy and cybersecurity concerns
SERAP further warned that some provisions compel telecommunications companies and private individuals to disclose encryption keys and provide interception access mechanisms.
According to the organisation, such requirements could weaken cybersecurity and expose sensitive communications of journalists, lawyers and human rights defenders.
The group also criticised provisions that require telecom licensees to install interception equipment, arguing that they discourage the use of privacy-enhancing technologies and could restrict secure communication.
Call for stronger safeguards
SERAP acknowledged the government’s responsibility to address national security threats and organised crime but insisted that such actions must comply with constitutional and international human rights standards.
The organisation stressed that any limitation on the right to privacy must meet the principles of legality, necessity and proportionality.
It also called for independent judicial authorisation, clear legal limits and effective oversight mechanisms to prevent abuse of surveillance powers.
No date has yet been fixed for the hearing of the case at the ECOWAS Court.
Kolawole Oluwadare, Deputy Director of SERAP, confirmed the filing of the lawsuit on Sunday.
