The Socio-Economic Rights and Accountability Project (SERAP) has dragged the Federal Government before the ECOWAS Community Court of Justice, challenging the Lawful Interception of Communications Regulations 2019 (LICR 2019) as unconstitutional and a grave threat to privacy, free speech, and democratic accountability in Nigeria.
Filed on Friday in Abuja (case number ECW/CCJ/APP/11/26), the suit accuses the government of unlawfully maintaining mass surveillance powers that allow warrantless interception of phone calls, messages, emails, data, and internet activity on vague grounds such as “national security,” “economic wellbeing,” or “public emergency.”
SERAP argues that the regulations—issued under the Nigerian Communications Act—grant excessive and poorly defined authority to agencies including the Nigeria Police, National Intelligence Agency, EFCC, and NDLEA, with minimal judicial oversight, no mandatory transparency, and weak safeguards against abuse.
The group highlights particularly troubling provisions: mandatory retention of user data by telecom operators for up to three years, compulsory handover of encryption keys, and the possibility of secret, bulk interception without individualized suspicion or effective remedies for affected citizens.
SERAP warns that such unchecked powers risk silencing journalists, activists, opposition figures, civil society organizations, and election monitors—especially as Nigeria approaches the 2027 general elections. While recognizing legitimate security needs, the organization insists any interception framework must strictly comply with Nigeria’s Constitution, the African Charter on Human and Peoples’ Rights, and international human rights standards.
The suit seeks several key orders from the court, including:
A declaration that the continued enforcement of the 2019 regulations violates fundamental rights.
An immediate order directing the government to withdraw the rules.
A mandate for a transparent, rights-compliant legislative process to replace them.
The action follows SERAP’s earlier February 2026 open letter to President Bola Tinubu and Minister Bosun Tijani calling for the regulations to be scrapped.
It comes amid fresh public concern sparked by high-profile allegations of unauthorized phone interceptions, including claims made by former Kaduna Governor Nasir El-Rufai.
SERAP’s legal team comprises Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke, and Maryam Mumuni. A hearing date is yet to be announced.
The case reflects growing tension in Nigeria between national security priorities and the urgent need to protect digital rights and democratic freedoms in an age of sophisticated surveillance tools.
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