The Socio‑Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to direct the immediate withdrawal of the Lawful Interception of Communications Regulations, 2019, saying the rules are unconstitutional, unlawful, and inconsistent with Nigeria’s international obligations.
SERAP made the appeal in a letter dated February 21, 2026, signed by its Deputy Director, Kolawole Oluwadare.
The Lawful Interception of Communications Regulations, 2019 were issued under the authority of the Nigerian Communications Commission, purporting to establish a legal and regulatory framework for the interception of communications in Nigeria.
SERAP’s letter to the president said the regulations grant wide discretionary powers to state agencies to intercept communications on grounds including national security, economic wellbeing, and public emergency without sufficient judicial or independent oversight.
The call for withdrawal of the regulations follows national attention over alleged interception of communications involving senior government officials.
Former Kaduna State Governor Nasir El‑Rufai has been charged in court over alleged unlawful interception of the telephone communications of the National Security Adviser, an issue that also highlighted public debate over lawful interception powers.
In its letter to President Tinubu, SERAP said the Regulations establish a sweeping mass surveillance regime that violates constitutionally and internationally guaranteed human rights, including the rights to privacy and freedom of expression.
It contended that the interception powers in the regulations are overly broad and lack adequate judicial safeguards, independent oversight, transparency, or effective remedies.
The letter said the framework grants broad powers to the National Security Adviser and the State Security Services and that other agencies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission, and the National Drug Law Enforcement Agency are included as “authorised agencies” with interception powers.
SERAP said that the delegation of these powers creates ambiguity and undermines legal certainty.
SERAP also said key provisions permit interception without a warrant in situations involving consent, threats to life, or in the ordinary course of business and that the regulations fail to require notification of individuals whose communications are intercepted.
This lack of transparency, the group said, undermines the ability to challenge unlawful surveillance.
In the letter to President Tinubu, SERAP said, “The Regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights including to privacy and freedom of expression.”
It also said, “Serious interferences with fundamental rights cannot be authorised through subsidiary regulations or exercised in secrecy without strict safeguards.”
SERAP’s appeal comes amid heightened public and legal scrutiny over communication interception practices in Nigeria, especially as the country approaches the 2027 general elections.
The group said that broad and weakly safeguarded interception powers pose risks of abuse, including against political actors, journalists, civil society organisations, and election observers, potentially affecting political participation and democratic processes.
The issue also connects with ongoing legal proceedings involving alleged unlawful interception of communications by a former state governor, which is being heard by the Federal High Court.
