President Bola Tinubu should order Minister of Communications, Innovation, and Digital Economy Bosun Tijani to immediately revoke the 2019 Lawful Interception of Communications Regulations, according to the Socio-Economic Rights and Accountability Project, or SERAP.
The rules, according to SERAP, are “wholly inconsistent with Nigeria’s international obligations, unlawful, and unconstitutional.”
Kolawole Oluwadare, the deputy director of SERAP, signed a letter dated February 21, 2026, which contained this information.
The group underlined how urgently a transparent legislative procedure is required to guarantee that any framework for legitimate interception conforms with international human rights standards, judicial scrutiny, and constitutional protections.
The call comes after former Kaduna State Governor Nasir El-Rufai claimed that Nuhu Ribadu, the National Security Adviser (NSA), had his phone conversation monitored.
“The NSA’s call was tapped,” El-Rufai allegedly said. He said that they ought to arrest me, and they also do that to our callers.
According to SERAP, the rules create “a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”
The group cautioned that the regulations provide “unreasonably broad and ambiguous authority to intercept communications on the grounds of ‘national security,’ ‘economic well-being,’ and ‘public emergency,’ without sufficient judicial protections, independent supervision, openness, or efficient remedies.”
With the words, “Broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods,” the letter also raised worries about the impending general elections in 2027.
It further stated that “it is easy to use surveillance measures as a weapon against journalists, civil society actors, political opponents, and election observers if they lack strict necessity, proportionality, and independent judicial oversight.”
The significance of privacy in political processes was emphasized by SERAP, which stated that “open democratic debate, protected journalistic sources, and confidential communications are essential to free and fair elections.”
“The right to political participation and electoral integrity of Nigerians would be seriously undermined by any misuse of intercepted data for political advantage, intimidation, or disinformation.”
The group warned that the current legislation “fail all three tests” of legality, need, and proportionality and demanded tight, well-defined interception capabilities supported by independent judicial authority and efficient remedies.
Concerning particular clauses, SERAP expressed concern about Regulations 4 and 23, which grant the Nigerian Communications Commission “broad discretionary interception power with minimal clarity regarding the scope or limits of such discretion” and “ambiguity and undermine legal certainty,” respectively.
“Weakens cybersecurity for everyone and fails to provide safeguards for journalists, lawyers, and human rights defenders,” the group said, criticizing provisions that permit interception without a warrant in broad circumstances, the mandatory disclosure of encryption keys, and the failure to notify affected individuals.
The government’s duty to combat organized crime and national security is acknowledged by SERAP, but these goals must be pursued within the bounds of international human rights law and the constitution. The regulations are not appropriate nor required in a democracy.
In addition, the group threatened to take “all appropriate legal actions to ensure the government complies with our request in the public interest” if it did not receive a response within seven days.
