By Kingston Magare 22.2.2026
The Socio-Economic Rights and Accountability Project have called for the urgent review of the Lawful Interception of Communications Regulations, 2019, saying it is not consistent with internationally accepted government obligations.
SERAP urged President Bola Tinubu to urgently direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to terminate the regulation saying they are unconstitutional and unlawful.
According to SERAP, the Regulations raise serious concerns, particularly as Nigeria approaches the 2027 general elections.
“Surveillance measures that lack strict necessity, proportionality and independent judicial oversight can easily be weaponised against political opponents, journalists, civil society actors and election observers.
“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.
“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.
“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process,” the letter partly read.
SERAP stated that it would take legal action if its recommendations were not implemented within seven days of receipt or publication of the letter.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter.
“If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest,” the letter said.
Citing the Office of the United Nations High Commissioner for Human Rights, the organisation noted that “mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary per se and can never satisfy the requirements of legality, necessity, and proportionality.”
The group stated that the Nigerian Communications Commission, while exercising its powers under Section 70 of the Nigerian Communications Act, 2003, adopted the Lawful Interception of Communications Regulations, 2019.
SERAP maintained that while it acknowledges the government’s responsibility to address national security and organised crime, such objectives must be pursued within constitutional and international human rights limits.