SERAP Sues Tinubu at ECOWAS Court for ‘Mass Phone-Tapping’ Rules

Nigerian rights organisation the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Ahmed Tinubu at the ECOWAS Community Court of Justice, challenging regulations that allow security agencies to intercept private communications.

In a statement on Sunday, SERAP said the case seeks to compel the government to withdraw the Lawful Interception of Communications Regulations, 2019, which it described as enabling “unlawful mass phone-tapping”.

The regulations require telecommunications companies to install technology that allows security agencies to monitor communications including voice calls, text messages, emails, internet browsing and other data, for purposes of national security and crime prevention.

SERAP said the suit was filed following allegations by former Nasir El-Rufai, who claimed that the phone conversation of Nigeria’s National Security Adviser, Nuhu Ribadu, had been intercepted.

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

According to SERAP Deputy Director Kolawole Oluwadare, the suit, numbered ECW/CCJ/APP/11/26 and filed at the regional court in Abuja, seeks a declaration that Nigeria’s failure to withdraw the regulations violates the country’s international human rights obligations.

The organisation argues that the rules create a sweeping surveillance regime that threatens constitutionally protected rights including privacy and freedom of expression.

SERAP said the regulations concentrate broad surveillance powers in political authorities without independent oversight, raising the risk of abuse against political opponents, journalists and civil society groups.

The group also warned that the regulations could pose risks to democratic processes as Nigeria approaches its 2027 general elections.

“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate,” the organisation said, warning that surveillance powers could be misused for political advantage.

SERAP further argued that the regulations contain legal inconsistencies and grant wide interception powers to several security agencies, including the police and anti-corruption bodies, without clear limits.

The organisation said provisions allowing interception without a warrant and the lack of requirements to notify individuals subjected to surveillance undermine legal safeguards and citizens’ ability to challenge unlawful monitoring.

READ ALSO:

Bwala Defends Mehdi Hasan Interview, Says He Is Ready to Face Any Interrogation for Tinubu Government

ADC Slams Tinubu Over Ambassadorial Postings, Calls Move ‘Diplomatic Blunder’

NYSC Presidential Awardees Deny SaharaReporters Claim on Tinubu’s Job Promise

While acknowledging the government’s duty to combat organised crime and protect national security, SERAP said such measures must comply with principles of legality, necessity and proportionality under international human rights law.

No hearing date has yet been fixed for the case, the group said.