SERAP Asks Tinubu To Withdraw 2019 Interception Regulations Over Privacy Concerns

Date:

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to immediately withdraw the Lawful Interception of Communications Regulations (LICR) 2019.

In a letter dated February 21, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP described the regulations as “unconstitutional, unlawful and inconsistent with Nigeria’s international obligations.”

The organisation also urged the President to initiate “a transparent and inclusive legislative process” to ensure that any lawful interception framework complies with constitutional safeguards, judicial oversight requirements and Nigeria’s international human rights commitments.

Link To El-Rufai Allegations

SERAP’s call follows allegations by former Kaduna State Governor, Nasir El-Rufai, who claimed that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted.

El-Rufai reportedly stated, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”

Reacting to the claim, SERAP argued that the 2019 regulations establish what it described as a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed rights to privacy and freedom of expression.

According to the group, the regulations grant “overly broad and vague powers to intercept communications on grounds such as ‘national security,’ ‘economic wellbeing,’ and ‘public emergency,’ without adequate judicial safeguards, independent oversight, transparency, or effective remedies.”

Concerns Ahead Of 2027 Elections

SERAP warned that the regulations pose particular risks as Nigeria approaches the 2027 general elections.

“Surveillance measures that lack strict necessity, proportionality and independent judicial oversight can easily be weaponised against political opponents, journalists, civil society actors and election observers,” the letter stated.

“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.

“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.”

The organisation stressed that interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies.

Without such safeguards, SERAP warned, the regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process.

Seven-Day Ultimatum

SERAP gave the Federal Government seven days to act on its recommendations.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter.

“If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest,” the letter stated.

Citing the Office of the United Nations High Commissioner for Human Rights, the group argued that “mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary per se and can never satisfy the requirements of legality, necessity, and proportionality.”

SERAP maintained that while the government has a duty to address national security and organised crime, such objectives “must be pursued within constitutional and international human rights limits.”

The group also noted that the Nigerian Communications Commission adopted the regulations under Section 70 of the Nigerian Communications Act, 2003, but expressed concern that certain provisions grant expansive discretionary powers to security agencies with limited clarity and safeguards.

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