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, citing that they are unconstitutional, unlawful, and inconsistent with Nigeria’s international human rights obligations.
The call follows allegations by former Kaduna State Governor Nasir El-Rufai that the National Security Adviser’s (NSA) phone had been intercepted. In a letter dated February 21, 2026, and signed by SERAP deputy director Kolawole Oluwadare, the organisation described the Regulations as establishing a sweeping mass surveillance framework that violates constitutionally and internationally guaranteed rights, including privacy and freedom of expression.
SERAP highlighted that the Regulations grant overly broad and vaguely defined powers to intercept communications for reasons such as “national security,” “economic wellbeing,” and “public emergency,” without sufficient judicial safeguards, independent oversight, transparency, or effective remedies. The organisation warned that the Regulations could be misused during politically sensitive periods, particularly as Nigeria approaches the 2027 general elections, threatening confidential communications, political organising, and journalistic work.
The letter also raised concerns about the structure and authority of the Regulations. While Regulation 4 limits interception powers to the NSA and the State Security Services, Regulation 23 expands the list of “authorised agencies” to include multiple government bodies and allows the Nigerian Communications Commission to designate additional agencies, creating ambiguity and potential for arbitrary application.
SERAP further criticised provisions allowing interception without a warrant under broad conditions, including consent, threats to life, or routine business activities, as well as ex parte applications lacking adversarial safeguards. The organisation emphasised that individuals are not notified of surveillance, weakening the ability to challenge unlawful monitoring. Additional concerns included retention of intercepted communications for up to three years, mandatory disclosure of encryption keys, and requirements for service providers to install interception equipment, all of which undermine secure communications and privacy.
SERAP urged President Tinubu to initiate a transparent legislative process to ensure any lawful interception framework complies with constitutional safeguards, judicial oversight, and Nigeria’s international obligations. The organisation requested a response within seven days, warning that failure to act would result in legal action to compel compliance.
The letter stressed that while national security and crime prevention are legitimate objectives, they must be pursued within constitutional and human rights limits, ensuring legality, necessity, and proportionality in all interception measures.
