SUNTV Global News Report
The Socio-Economic Rights and Accountability Project (SERAP) has taken the Nigerian government of President Bola Ahmed Tinubu to the ECOWAS Community Court of Justice, challenging what it describes as unlawful mass phone-tapping regulations that threaten citizens’ privacy rights.
In a suit filed last Friday with number ECW/CCJ/APP/11/26, the organisation asked the regional court sitting in Abuja to compel the Nigerian government to withdraw the controversial Lawful Interception of Communications Regulations, 2019, which it claims enables widespread surveillance without adequate legal safeguards.
The legal action comes amid recent claims by former Kaduna State governor Nasir El-Rufai, who alleged that the phone call of Nigeria’s National Security Adviser Nuhu Ribadu had been intercepted.
El-Rufai was quoted as saying that the NSA’s call was tapped and that surveillance of political figures’ communications had become routine.
According to SERAP, the continued enforcement of the interception regulations amounts to an official endorsement of “patently unlawful mass phone-tapping rules” that undermine democratic principles and violate Nigerians’ rights to privacy and freedom of expression.
In the suit, SERAP urged the court to declare the government’s refusal to withdraw the regulations unlawful and inconsistent with Nigeria’s international human rights obligations.
The organisation is also asking the court to order the government to begin a fresh legislative process to ensure that any future interception laws meet global human rights standards.
SERAP’s legal team — Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni — argued that the regulations create sweeping surveillance powers that can easily be abused.
They warned that when surveillance powers are exercised in secrecy and controlled by political authorities without independent oversight, they risk being weaponised against journalists, civil society groups, political opponents and election observers.
The group further noted that the regulations allow emergency interception without a court warrant under vague grounds such as “national security” and “organised crime,” raising concerns about potential misuse.
SERAP also criticised provisions allowing security agencies to conduct searches, seizures and enforcement operations without clear independent review mechanisms, while oversight is limited to the Attorney-General of the Federation — a political appointee.
The organisation warned that as the country moves closer to the 2027 general elections, unchecked surveillance powers could undermine democratic participation.
According to SERAP, even the perception that citizens’ private communications are being monitored could discourage political mobilisation, investigative journalism and voter engagement.
While acknowledging the government’s duty to tackle national security threats and organised crime, SERAP insisted that such actions must respect constitutional rights and international human rights standards.
No date has yet been fixed for the hearing of the case at the ECOWAS court.
