SERAP Urges Tinubu to Repeal 2019 Interception Rules Amid Phone Tapping Allegations

 SERAP Urges Tinubu to Repeal 2019 Interception Rules Amid Phone Tapping Allegations

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to immediately withdraw Nigeria’s 2019 Lawful Interception of Communications Regulations, citing serious concerns over privacy violations and potential abuse of surveillance powers.

The call follows recent allegations by former Kaduna State governor Nasir El-Rufai, who claimed that a phone conversation involving the National Security Adviser, Nuhu Ribadu, was unlawfully intercepted. El-Rufai alleged that such interceptions are not isolated incidents and suggested that political figures are routinely monitored.

In a letter dated February 21, 2026, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation urged the president to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to withdraw the regulations. SERAP described the rules as unconstitutional, unlawful, and inconsistent with Nigeria’s international human rights obligations.

According to the organisation, the interception regulations establish what it described as a broad and intrusive surveillance framework that undermines citizens’ rights to privacy and freedom of expression. SERAP argued that the rules grant security agencies sweeping powers to monitor communications on loosely defined grounds such as national security, economic wellbeing, and public emergency, without adequate judicial oversight.

The group warned that such powers, when exercised without transparency or independent supervision, pose significant risks to democratic governance. It stressed that serious intrusions into fundamental rights should not be authorised through subsidiary regulations or carried out in secrecy.

SERAP further expressed concern about the timing of the regulations, noting that Nigeria is gradually approaching the 2027 general elections. It warned that weakly regulated surveillance powers could be misused during politically sensitive periods, potentially targeting opposition figures, journalists, civil society organisations, and election observers.

The organisation said that unchecked surveillance could discourage political participation, investigative journalism, and voter mobilisation, thereby weakening democratic processes. It emphasised that credible elections depend on confidential communications, protected journalistic sources, and open political debate.

SERAP also criticised provisions that allegedly allow warrantless interception, unclear data retention practices, and compulsory disclosure of encryption keys. According to the group, such measures undermine secure communication systems and expose journalists, lawyers, and human rights defenders to increased risk.

The organisation called for any lawful interception framework to be clearly defined by legislation, subject to independent judicial authorisation, and guided by principles of legality, necessity, and proportionality. It argued that without these safeguards, interception powers could be exploited for political intimidation, disinformation, or personal advantage.

SERAP warned that the continued enforcement of the 2019 regulations could erode public trust in state institutions and damage Nigeria’s democratic credentials. It urged the federal government to initiate an open and inclusive legislative process to review surveillance laws in line with constitutional standards and international human rights norms.

The organisation gave the government a seven-day ultimatum to act on its recommendations, stating that failure to do so would compel it to pursue legal action in the public interest.

SERAP concluded that the current interception framework, as it stands, is neither necessary nor proportionate in a democratic society and poses serious threats to privacy, civil liberties, and the rule of law.