The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu at the ECOWAS Community Court of Justice over the federal government’s alleged failure to withdraw regulations that permit the interception of telecommunications in Nigeria.
The suit challenges the Lawful Interception of Communications Regulations (LICR) 2019, which authorises licensed telecommunications companies to install technology that enables security agencies to monitor communications, including voice calls, text messages, emails, data usage, and internet browsing, for national security and crime-prevention purposes.
In a statement released on Sunday and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said the legal action followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted.
According to the statement, El-Rufai had reportedly claimed that the NSA’s phone calls were tapped and suggested that similar surveillance was being carried out on other individuals.
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SERAP disclosed that the suit, numbered ECW/CCJ/APP/11/26, was filed last Friday at the ECOWAS Court in Abuja.
The organisation is seeking a declaration that the federal government’s continued enforcement of the interception regulations violates Nigeria’s international human rights obligations.
The group argued that the government’s refusal to withdraw the regulations amounts to an endorsement of what it described as unlawful mass phone-tapping practices.
“We are seeking a declaration that the failure of the government to withdraw the Interception of Communications Regulations constitutes an official endorsement of unlawful mass phone-tapping rules, as the regulations violate the rule of law, democratic principles, and the right to privacy,” the statement said.
SERAP is also asking the court to compel the federal government to withdraw the regulations immediately and to initiate legislative proceedings to ensure that any future interception rules comply with international human rights standards.
The organisation further argued that the regulations create a sweeping surveillance framework capable of infringing on constitutionally guaranteed rights, including the rights to privacy and freedom of expression.
According to SERAP, surveillance powers exercised in secrecy and without independent oversight could expose citizens to abuse.
The group warned that interception mechanisms lacking strict safeguards, proportionality and judicial supervision could potentially be used against political opponents, journalists, civil society organisations and election observers.
