February 22, (THEWILL) — The Socio-Economic Rights and Accountability Project (SERAP) has asked 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 framework as unconstitutional, unlawful and incompatible with Nigeria’s international human rights obligations.
SERAP also urged the President to initiate an urgent, transparent and inclusive legislative process to replace the Regulations with a narrowly tailored law that fully complies with constitutional safeguards, strict judicial oversight and international standards.
The call followed allegations by former Kaduna State governor, Nasir El-Rufai, who claimed that a phone conversation involving the National Security Adviser, Nuhu Ribadu, was intercepted—raising fresh concerns over unlawful surveillance and abuse of interception powers.
In a letter dated February 21, 2026, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation said the Regulations establish a sweeping surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed rights to privacy and freedom of expression.
According to SERAP, the Regulations grant overly broad and vague powers to intercept communications on grounds such as national security, economic well-being and public emergency, without adequate judicial safeguards, independent oversight, transparency or effective remedies. It argued that serious interferences with fundamental rights cannot be authorised through subsidiary regulations or exercised in secrecy without strict legal safeguards.
SERAP warned that the risks posed by the Regulations are particularly grave as Nigeria approaches the 2027 general elections. It noted that weakly safeguarded interception powers could be abused during politically sensitive periods, potentially targeting political opponents, journalists, civil society actors and election observers.
“Even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation”, the organisation said, adding that free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate.
The group also criticised the Nigerian Communications Commission (NCC) for adopting the Regulations under Section 70 of the Nigerian Communications Act, 2003, saying several provisions are inconsistent and legally ambiguous. It cited Regulation 23, which expands the category of authorised agencies beyond those initially specified, creating uncertainty over which authorities are empowered to intercept communications and increasing the risk of arbitrary application and abuse.
SERAP further faulted provisions allowing warrantless interception in certain circumstances, the absence of notification to individuals subjected to surveillance, weak data retention safeguards, compulsory disclosure of encryption keys, and emergency interception powers without prior judicial authorisation.
“These ambiguities threaten the rule of law, weaken accountability mechanisms and heighten the risk of abuse, particularly in politically sensitive contexts”, SERAP said, stressing that any restriction on privacy must meet the strict tests of legality, necessity and proportionality.
The organisation urged the Tinubu administration to act within seven days, warning that it would pursue legal action to compel compliance in the public interest if no response is received.
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, insisting that the current Regulations are neither necessary in a democratic society nor proportionate.
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