The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to direct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to immediately withdraw the Lawful Interception of Communications Regulations, 2019.
SERAP, in a statement released on Sunday, described the rules as unconstitutional and inconsistent with Nigeria’s international obligations.
According to the organization, the regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.
What they are saying
SERAP, in the statement, urged the government to urgently initiate a transparent and inclusive legislative process to ensure that any lawful interception framework fully complies with constitutional safeguards, judicial oversight requirements, and Nigeria’s international obligations.
- “The Regulations grant overly broad and vague powers to intercept communications on grounds such as ‘national security,’ ‘economic wellbeing,’ and ‘public emergency,’ without adequate judicial safeguards, independent oversight, transparency, or effective remedies.
- “Serious interferences with fundamental rights cannot be authorised through subsidiary regulations or exercised in secrecy without strict safeguards.
- “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,” the organization stated.
Backstory
SERAP’s call follows recent allegations by former Kaduna State Governor Nasir El-Rufai that the phone conversation of the National Security Adviser, Nuhu Ribadu, had been intercepted.
El-Rufai, who appeared on Arise TV recently, disclosed that he learnt of an alleged plan to arrest him upon his return to the country on Thursday through a leaked conversation from the NSA’s phone.
- “Ribadu made the call because we listened to their calls. The government thinks that they’re the only ones who listen to calls. But we also have our ways. He made the call. He gave the order that they should arrest me.
- “That technically is illegal. I know, but the government does it all the time. They listen to our calls all the time without a court order. But someone tapped his phone and told us that he gave the order,” he said.
His disclosure has since triggered concerns within political and security circles, with analysts warning that, if substantiated, the interception could amount to a grave breach of national security protocol and further inflame political tension ahead of the 2027 general elections.
What you should know
Under the Nigerian Communications Act, operators in the telecommunications space are required to install equipment with interception capability that allows law enforcement agencies, on the occurrence of any public emergency or in the interest of public safety, to access communication data.
- To provide clarity on interception, which has to date been regarded as opaque, the Nigerian Communications Commission (the “NCC”), in the exercise of its powers under the Nigerian Communications Act, as narrated above, issued the Lawful Interception of Communications Regulations (the “Regulation”) on 23 January 2019.
The Regulation provides a legal and regulatory framework for the lawful interception of communications in Nigeria while preserving the right to privacy of Nigerian citizens guaranteed under the constitution.
