SERAP Urges Tinubu to Repeal ‘Unlawful’ Mass Surveillance Regulations

President Bola Ahmed-Tinubu with SERAP

SERAP Urges Tinubu to Repeal ‘Unlawful’ Mass Surveillance Regulations

The Socio-Economic Rights and Accountability Project (SERAP) has formally called on President Bola Tinubu to withdraw the Lawful Interception of Communications Regulations, 2019, describing them as unconstitutional, unlawful, and inconsistent with Nigeria’s international human rights obligations. The demand follows allegations that the phone of National Security Adviser (NSA) Nuhu Ribadu was intercepted, raising national concerns about phone tapping, mass surveillance, and privacy rights in Nigeria.

In a letter dated 21 February 2026 and signed by SERAP Deputy Director Kolawole Oluwadare, the civil rights organisation urged Tinubu to direct Bosun Tijani, Minister of Communications, Innovation and Digital Economy, to repeal the regulations immediately. SERAP also called for a transparent legislative process to develop lawful interception laws that comply with constitutional safeguards, judicial oversight, and international human rights standards.

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The organisation criticised the regulations for granting broad and vague powers to intercept communications on grounds such as “national security,” “economic wellbeing,” or “public emergency” without sufficient judicial safeguards, transparency, or independent oversight. SERAP warned that these powers risk being weaponised against journalists, civil society, political opponents, and election observers, especially as Nigeria approaches the 2027 general elections.

According to SERAP, the current framework allows interception without a warrant in situations involving consent, threats to life, or the ordinary course of business. It also expands the category of “authorised agencies” arbitrarily and fails to provide adequate safeguards for the protection of private communications, encryption, and data storage. The organisation emphasised that such practices violate Section 37 of the Nigerian Constitution and international human rights obligations.

SERAP highlighted that secret surveillance and bulk data collection create significant risks of misuse, profiling, and political manipulation. The organisation noted that mass surveillance measures must comply with legality, necessity, proportionality, and prior judicial authorisation, with clear oversight mechanisms and remedies for affected individuals.

The civil society group warned that if the government fails to act within seven days of the letter’s publication, it would pursue legal action to compel compliance, reiterating that privacy and freedom of expression are essential for free and fair elections and democratic governance.

The call by SERAP adds to growing public debates about data privacy, lawful interception, and accountability in Nigeria. Observers argue that without reform, the regulations could undermine journalistic independence, political participation, and citizens’ trust in digital communication.