SERAP Drags Buhari To Court Over Plan To Monitor WhatsApp Messages

LAGOS – The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Bu­hari over alleged plans by the Federal Government to monitor WhatsApp messages.

SERAP is asking the court to declare illegal and unconstitutional the plan by the Buhari administration to track, inter­cept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and oth­er people, as it severely threatens and violates the right to the preservation of privacy.

SERAP suit followed the proposal in the Supplementary Appropriation Act signed in July 2021 to spend N4.87 billion to monitor private calls and mes­sages. The amount is part of the N895.8 billion supplementary budget approved by the National Assembly.

In the suit number FHC/ ABJ/CS/1240/2021 filed on Fri­day at the Federal High Court inAbuja, SERAP is seeking:“an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.”

SERAP is also seeking “a declaration that any monitor­ing of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian constitution 1999 [as amended]; Article 9 of the African Charter on Human and Peoples’ Rights; and Arti­cles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeriais astate party.”

The rights group is argu­ing that “the plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for familyandprivatelife, thehome, and correspondence. It also fails to meet the requirements of legality, necessity, and propor­tionality.”

According to SERAP, “The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitor­ing of WhatsApp messages, phone calls and text messages would grant free rein to govern­ment agencies to conduct mass surveillance of communications of people.”

SERAP is also arguing that, “The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association.”

Daily Independent