Manny Ita –
The Socio-Economic Rights and Accountability Project (SERAP) has filed a formal lawsuit against the Nigerian government at the ECOWAS Community Court of Justice in Abuja, challenging the legality of mass phone-tapping regulations. The suit, registered as ECW/CCJ/APP/11/26, contests the “Lawful Interception of Communications Regulations, 2019,” which the organization contends creates a pervasive surveillance regime that threatens the fundamental rights of Nigerian citizens to privacy and freedom of expression. In its filing, SERAP is seeking “a declaration that the failure of the government to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria’s international human rights obligations.”
The legal action follows recent public allegations made by former Kaduna State Governor, Nasir El-Rufai, claiming that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted. El-Rufai alleged, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.” Building on these claims, SERAP argues that the regulations grant overly broad, unchecked powers to state agencies to intercept communications under vague justifications such as “national security,” “economic wellbeing,” and “public emergency,” all while lacking sufficient judicial oversight or transparent remedies.
According to the group, the current framework permits intrusive practices—including warrantless interception, data retention for up to three years, and the mandatory disclosure of encryption keys—which they assert directly undermine cybersecurity and personal privacy. In its prayer to the court, SERAP requested “an order directing and compelling the Nigerian government to immediately withdraw the Interception of Communications Regulations, and to commence a legislative process to ensure that any interception regulations are in conformity with Nigeria’s international human rights obligations.” The organization further maintains that the government’s refusal to withdraw the regulations constitutes an “official endorsement of unlawful mass phone-tapping rules,” noting that such practices could be weaponized against journalists, civil society actors, and political opponents, particularly as the nation looks toward the 2027 general elections.
