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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of Bola Tinubu at the Economic Community of West African States (ECOWAS) Community Court of Justice, challenging what it described as unlawful mass phone-tapping rules in Nigeria.
In a statement issued on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation said the legal action was prompted by allegations from former Kaduna State governor, Nasir El-Rufai, that a phone conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted.
El-Rufai had reportedly claimed that Ribadu’s call was tapped and suggested that similar monitoring had also affected his own communications.
The suit targets the Lawful Interception of Communications Regulations, 2019 (LICR), which allow telecom operators to install systems that enable security agencies to monitor communications, including voice calls, text messages, emails, data usage, and internet browsing, for security and crime-fighting purposes.
In the suit marked ECW/CCJ/APP/11/26, filed last Friday in Abuja, SERAP asked the court to declare that the government’s refusal to withdraw the interception regulations violates Nigeria’s international human rights obligations.
The organisation also urged the court to rule that retaining the rules effectively endorses unlawful mass surveillance, arguing that the regulations undermine the rule of law, democratic principles and citizens’ right to privacy.
SERAP further asked the court to compel the Nigerian government to withdraw the regulations and begin a legislative process to ensure that any future interception rules comply with international human rights standards.
The suit was filed on behalf of the organisation by lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni.
According to SERAP, the regulations establish an expansive surveillance framework that threatens constitutionally and internationally protected rights, including privacy and freedom of expression.
It warned that surveillance tools lacking strict necessity, proportionality, and judicial oversight could easily be used against political opponents, journalists, civil society groups, and election observers.
SERAP also expressed concern that the regulations could be misused as Nigeria approaches the 2027 general elections, noting that broad interception powers could undermine political organising, investigative journalism and voter mobilisation.
The organisation said that free and fair elections depend on confidential communication, protected journalistic sources and open democratic debate, warning that any misuse of intercepted information for intimidation or political advantage would threaten electoral integrity.
SERAP insisted that any restrictions on privacy rights must meet the standards of legality, necessity and proportionality, adding that the current regulations fail to meet those requirements.
“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process,” the suit stated.
Citing the Office of the United Nations High Commissioner for Human Rights, the organisation noted that indiscriminate mass surveillance programmes are considered arbitrary and incompatible with international human rights principles.
SERAP also stressed that the Nigerian government has a responsibility to adopt clear laws, safeguards, independent oversight and accessible remedies to prevent abuse by state institutions and private actors, including telecommunications companies and technology firms.
