The Socio-Economic Rights and Accountability Project has asked President Bola Tinubu to immediately withdraw the Lawful Interception of Communications Regulations, 2019, describing them as unconstitutional and unlawful.
In a letter dated February 21, 2026, and signed by its Deputy Director, Kolawole Oluwadare, the group urged the President to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to withdraw the regulations.
SERAP said the rules create what it called a “sweeping mass surveillance regime” that violates Nigerians’ constitutional rights to privacy and freedom of expression, as well as the country’s international human rights obligations.
The group also asked Tinubu “to urgently initiate a transparent and inclusive legislative process to ensure that any lawful interception framework fully complies with constitutional safeguards, judicial oversight requirements, and Nigeria’s international obligations.”
The call follows recent allegations by former Kaduna State Governor, Nasir El-Rufai, who claimed that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted.
El-Rufai reportedly said, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
In its letter, SERAP argued that the regulations give broad and vague powers to intercept communications on grounds such as “national security,” “economic wellbeing,” and “public emergency,” without strong judicial oversight or independent monitoring.
“The Regulations grant overly broad and vague powers to intercept communications… without adequate judicial safeguards, independent oversight, transparency, or effective remedies,” the organisation said.
SERAP warned that the regulations raise serious concerns as Nigeria prepares for the 2027 general elections.
“The Regulations also raise serious concerns as Nigeria approaches the 2027 general elections. Broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods,” the letter stated.
It added that surveillance without strict safeguards could be used against political opponents, journalists, civil society groups and election observers.
“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation,” SERAP said.
The group stressed that any restriction on privacy must meet the principles of legality, necessity and proportionality, arguing that the current regulations “fail all three tests.”
SERAP also criticised Regulation 4, which grants interception powers to the National Security Adviser and the State Security Services, and Regulation 23, which expands the definition of “authorised agencies” to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and the National Drug Law Enforcement Agency.
According to SERAP, this creates confusion and allows the Nigerian Communications Commission to expand the list of agencies at its discretion, which it said undermines Section 37 of the Constitution that guarantees the right to privacy.
The organisation further raised concerns about Regulation 8, which allows interception without a warrant in certain situations, and Regulation 12, which permits emergency interception on broad grounds like “national security” without prior judicial approval.
It also criticised provisions that compel telecom operators to install interception equipment and disclose encryption keys, warning that such measures weaken cybersecurity and threaten journalists, lawyers and human rights defenders.
SERAP gave the Federal Government seven days to act.
“We would be grateful if the recommended measures are taken within 7 days… If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply,” the letter read.
While acknowledging the government’s duty to tackle national security threats and organised crime, SERAP insisted that such efforts must comply with constitutional and international human rights standards.
As of the time of filing this report, there was no official response from the Presidency or the Ministry of Communications regarding the demands.
