SERAP Drags FG to ECOWAS Court Over Phone-Tapping Regulations
The Socio-Economic Rights and Accountability Project (SERAP) has filed a suit against the Federal Government before the ECOWAS Community Court of Justice, challenging the legality of the Lawful Interception of Communications Regulations 2019.
The case, registered as ECW/CCJ/APP/11/26, was instituted in Abuja on Friday. SERAP contends that the regulations permit arbitrary surveillance of private communications, thereby infringing on fundamental rights.
The action follows recent allegations by former Kaduna State Governor, Nasir El-Rufai, that a phone conversation involving the National Security Adviser, Nuhu Ribadu, was intercepted.
In its pleadings, SERAP seeks a declaration that the government’s continued enforcement of the regulations violates Nigeria’s obligations under international human rights law, particularly the rights to privacy and freedom of expression. The organisation further prays the court to compel the government to withdraw the regulations and initiate a legislative process that ensures compliance with global human rights standards.
SERAP argues that the regulations establish a sweeping surveillance regime, enabling interception of communications on grounds such as national security or economic interests without adequate judicial oversight. The group warns that such powers could be weaponised against journalists, civil society actors, political opponents, and election monitors in the run-up to the 2027 general elections.
Counsel to SERAP, Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke, and Maryam Mumuni, maintain that secret surveillance powers erode democratic accountability and invite abuse. They highlight provisions authorising warrantless interception, retention of data for up to three years, and compulsory disclosure of encryption keys, which they argue undermine privacy rights and cybersecurity.
While acknowledging the government’s duty to address national security threats and organised crime, SERAP insists that such measures must remain consistent with constitutional safeguards and international human rights obligations.
The matter is yet to be assigned a hearing date.
