SERAP to Tinubu: Withdraw ‘Unlawful’ Mass Phone-Tapping Regulations

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The Socio-Economic Rights and Accountability Project (SERAP) has officially called on President Bola Tinubu to halt the implementation of what it describes as “unconstitutional” mass surveillance regulations.

​In a move aimed at protecting the digital privacy of millions of Nigerians, the advocacy group urged the President to direct the Minister of Communications, Innovation, and Digital Economy, Bosun Tijani, to immediately withdraw the Lawful Interception of Communications Regulations 2019.

​In a letter dated February 21, 2026, SERAP’s Deputy Director, Kolawole Oluwadare, argued that the existing regulations grant the government “overly broad and vague powers” to monitor private communications.

The organisation also called on 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 obligations.

The letter followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the National Security Adviser, Nuhu Ribadu, had his phone conversation intercepted.

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

Blaming the LICR 2019 for the occurrence of such an incident, SERAP stated that “the Regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”

SERAP said 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.”

According to SERAP, the Regulations raise serious concerns, particularly 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, a nd election observers.

“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.

“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression, and the credibility of Nigeria’s democratic process,” the letter partly read.

SERAP stated that it would take legal action if its recommendations were not implemented within seven days of receipt or publication of the letter.

“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 said.

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