The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to order the immediate withdrawal of the Lawful Interception of Communications Regulations (LICR), 2019, describing the framework as “unconstitutional, unlawful, and inconsistent with Nigeria’s international obligations.”
In a letter dated February 21, 2026, made public on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, urged the President to initiate “a transparent and inclusive legislative process” to establish a lawful interception regime that respects constitutional safeguards, judicial oversight, and human rights commitments.
The appeal followed claims by former Kaduna State Governor, Nasir El-Rufai, alleging that the National Security Adviser, Nuhu Ribadu, intercepted his phone conversations.
El-Rufai reportedly stated, “The NSA’s call was tapped… They do that to our calls too, and we heard him saying they should arrest me.”
SERAP criticised the regulations, asserting they establish a “sweeping mass surveillance regime” granting security agencies broad and vague powers to intercept communications under the pretext of “national security, economic wellbeing,” or public emergency,” with little judicial oversight, transparency, or recourse for citizens.
The organisation highlighted the particular danger these powers pose with the 2027 general elections approaching.
“Surveillance measures lacking necessity, proportionality, and independent oversight can easily be weaponised against political opponents, journalists, civil society, and election observers,” the letter read.
SERAP warned that even the perception of monitoring could stifle political organisation, investigative journalism, and voter mobilisation, undermining the integrity of elections and democratic participation.
To safeguard citizens’ rights, SERAP recommended that interception powers be narrowly defined, require prior independent judicial approval, and be accompanied by effective remedies.
The group gave the federal government seven days to act, warning that failure to respond would prompt “all appropriate legal actions to compel compliance in the public interest.”
Citing guidance from the Office of the United Nations High Commissioner for Human Rights, SERAP emphasised that “mass surveillance programmes based on indiscriminate data collection are arbitrary and violate legality, necessity, and proportionality standards.”
The organisation added that the storage or retention of personal data alone constitutes interference with privacy rights and carries high risks of misuse, profiling, and abuse, especially given modern surveillance technologies.
While acknowledging the government’s responsibility to address national security and organised crime, SERAP stressed that such measures must operate strictly within constitutional and international human rights limits.
The letter also highlighted concerns about provisions in the Nigerian Communications Act, 2003, granting security agencies expansive discretion without clear safeguards.
The advocacy group concluded by urging the adoption of clear laws, robust oversight mechanisms, and accessible remedies for citizens, stressing that responsibilities extend to private actors such as telecommunications companies and technology service providers.
