…Without strong safeguards, SERAP warned, the regulations could threaten privacy rights,
ABUJA, NIGERIA- The iNews Times | The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to instruct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to immediately withdraw the Lawful Interception of Communications Regulations (LICR) 2019, describing them as unconstitutional, unlawful, and incompatible with Nigeria’s international obligations.
SERAP also urged the President to commence a transparent and inclusive legislative process to establish a lawful interception framework that aligns with constitutional safeguards, ensures judicial oversight, and complies with Nigeria’s international human rights commitments.
In a letter dated February 21, 2026, and disclosed in a statement on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation said its concerns were prompted by allegations from former Kaduna State Governor, Nasir El-Rufai, that the National Security Adviser, Nuhu Ribadu, had his phone conversation intercepted.
El-Rufai was quoted as alleging that the NSA’s call was tapped and that similar surveillance was carried out on others, claiming he overheard discussions about plans to arrest him.
SERAP blamed the LICR 2019 for enabling such incidents, arguing that the regulations establish a sweeping mass surveillance regime that infringes on constitutionally and internationally protected rights, including privacy and freedom of expression.
According to the organisation, the regulations confer excessively broad and vague powers to intercept communications on grounds such as national security, economic wellbeing, and public emergency, without sufficient judicial safeguards, independent oversight, transparency, or effective remedies.
SERAP expressed particular concern as Nigeria approaches the 2027 general elections, warning that surveillance measures lacking strict necessity, proportionality, and independent judicial authorisation could be weaponised against political opponents, journalists, civil society groups, and election observers.
The group noted that even the perception of monitored private communications could discourage political organising, investigative journalism, and voter mobilisation. It stressed that free and fair elections depend on confidential communications, protected journalistic sources, and open democratic debate, adding that any misuse of intercepted data for intimidation, political advantage, or disinformation would undermine electoral integrity.
It maintained that interception powers must be narrowly defined, subject to prior independent judicial approval, and supported by effective remedies. Without strong safeguards, SERAP warned, the regulations could threaten privacy rights, freedom of expression, and public confidence in Nigeria’s democratic process.
The organisation stated that it would pursue legal action if its recommendations were not implemented within seven days of receiving or publishing the letter.
Citing the Office of the United Nations High Commissioner for Human Rights, SERAP argued that mass surveillance programmes based on indiscriminate and blanket data collection are inherently arbitrary and cannot meet the standards of legality, necessity, and proportionality. It added that even the retention or storage of personal data relating to private life constitutes interference with privacy rights, regardless of whether the data is later accessed or used.
SERAP further warned that secret surveillance and bulk data collection create ongoing risks of misuse, profiling, and abuse, particularly given the advanced technologies available to state authorities.
The group emphasised that the government has a positive obligation to enact clear laws, establish effective safeguards and independent oversight mechanisms, and provide accessible remedies to prevent abuse. It added that these responsibilities extend to private entities, including telecommunications companies and technology firms.
SERAP noted that the Nigerian Communications Commission adopted the LICR 2019 under Section 70 of the Nigerian Communications Act, 2003. It criticised Regulation 4 for granting broad discretionary interception powers to the National Security Adviser and the State Security Services with minimal clarity on their limits.
The organisation also pointed to Regulation 23, which expands the list of authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission, National Drug Law Enforcement Agency, and any other agency designated by the Commission, arguing that this creates ambiguity and undermines legal certainty.
Additionally, SERAP raised concerns about Regulation 8, which permits interception without a warrant in certain circumstances, describing its provisions as overly broad. It also flagged issues with Regulation 6, which allows retention of intercepted communications for up to three years; Regulation 9, which mandates disclosure of encryption keys; and Regulation 12, which authorises emergency warrantless interception on expansive grounds including national security and organised crime.
While acknowledging the government’s duty to address national security threats and organised crime, SERAP maintained that such objectives must be pursued within constitutional boundaries and in line with international human rights standards.
