The Socio-Economic Rights and Accountability Project (SERAP) has filed a suit against the Federal Government at the ECOWAS Community Court of Justice, challenging the legality of regulations that allegedly permit mass interception of private communications.
The suit, marked ECW/CCJ/APP/11/26, was filed on Friday in Abuja, contesting the Lawful Interception of Communications Regulations 2019, which the organisation claims enables unwarranted surveillance of citizens’ phone calls and other private communications.
SERAP said the case was partly triggered by allegations made by former Kaduna State Governor, Nasir El-Rufai, who claimed that a phone conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted.
In the suit, the organisation is asking the court to declare that the Federal Government’s continued enforcement of the regulations violates Nigeria’s international human rights obligations, particularly the rights to privacy and freedom of expression.
SERAP is also seeking an order compelling the government to withdraw the regulations and initiate a legislative process to ensure that any communication interception framework aligns with international human rights standards.
According to the organisation, the regulations establish a broad surveillance framework that could allow authorities to intercept communications on grounds such as national security or economic wellbeing without adequate judicial oversight.
The group warned that the rules could be abused against journalists, civil society organisations, political opponents and election observers, especially as Nigeria approaches the 2027 general elections.
Lawyers representing SERAP — Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni — argued that surveillance powers exercised in secrecy pose a risk of abuse and undermine democratic accountability.
The organisation further noted that the regulations expand the number of agencies authorised to intercept communications, potentially including the Nigeria Police Force, the National Intelligence Agency, the Economic and Financial Crimes Commission and the National Drug Law Enforcement Agency.
SERAP also criticised provisions that allow warrantless interception, the retention of communication data for up to three years and the compulsory disclosure of encryption keys, saying such measures could undermine privacy rights and cybersecurity.
While acknowledging the government’s responsibility to address national security threats and organised crime, the organisation maintained that such actions must comply with constitutional safeguards and international human rights standards.
No date has yet been fixed for the hearing of the case.
