Social Economic Right and Accountability Project (SERAP) has filed a lawsuit against the administration of Bola Ahmed Tinubu at the ECOWAS Community Court of Justice over the continued enforcement of the controversial Lawful Interception of Communications Regulations, 2019, alleging the rules enable unlawful mass phone surveillance in Nigeria.
The suit, numbered ECW/CCJ/APP/11/26, was filed last Friday in Abuja, seeking a declaration that the Nigerian government’s failure to withdraw the interception regulations violates Nigeria’s international human rights obligations.
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The legal action followed claims by former Nasir El-Rufai that a phone conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted.
According to El-Rufai, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
The applicants argued that the government’s continued retention of the interception regulations amounts to an endorsement of unlawful mass phone-tapping, describing the rules as inconsistent with democratic principles and the rule of law.
In the suit, the group asked the court to declare that the government’s failure to withdraw the regulations constitutes a violation of citizens’ rights to privacy and freedom of expression, which are protected under both Nigerian and international human rights frameworks.
They also requested an order compelling the Nigerian government to immediately withdraw the regulations and begin a legislative process to develop interception rules that comply with international human rights standards.
According to the applicants, the 2019 regulations establish a sweeping surveillance framework capable of enabling mass monitoring of phone communications without adequate safeguards.
“Where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent supervision, the risks of arbitrariness are substantial,” the suit stated.
The group further warned that surveillance systems lacking strict necessity, proportionality, and independent judicial oversight could be abused to target political opponents, journalists, civil society actors, and election observers.
The Nigerian government has yet to publicly respond to the lawsuit at the time of filing this report.
