SERAP Threatens Legal Action Over Interception Regulations Ahead of 2027 Polls

The Socio-Economic Rights and Accountability Project (SERAP) has threatened legal action against the Federal Government over alleged sweeping surveillance powers under the Lawful Interception of Communications Regulations, 2019.

The group’s reaction followed a claim by former Kaduna State governor, Nasir El-Rufai, who reportedly said, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”

Blaming the LICR 2019 for such incidents, SERAP said the regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed rights to privacy and freedom of expression.

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According to SERAP, 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 or independent oversight.

The organisation expressed concern as Nigeria approaches the 2027 general elections, warning that surveillance measures lacking strict necessity, proportionality and judicial authorisation could be weaponised against political opponents, journalists and civil society actors.

“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,” the letter read in part.

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SERAP said interception powers must be narrowly defined and subject to prior independent judicial authorisation. It warned that without safeguards, the regulations risk undermining privacy rights and democratic credibility.

The group gave the government seven days to implement its recommendations or face legal action in the public interest.

Citing the Office of the United Nations High Commissioner for Human Rights, SERAP stated that mass surveillance programmes based on indiscriminate data collection are arbitrary and cannot meet the requirements of legality, necessity and proportionality.

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It added that even the retention of personal data constitutes interference with privacy rights, warning that secret surveillance and bulk data collection create risks of misuse and abuse.

SERAP noted that the Nigerian Communications Commission adopted the regulations under Section 70 of the Nigerian Communications Act, 2003.

It argued that Regulation 4 grants broad discretionary interception powers to the National Security Adviser and the State Security Services with minimal clarity. Regulation 23, it said, expands authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and National Drug Law Enforcement Agency.

The organisation also faulted provisions allowing warrantless interception in certain situations, retention of intercepted communications for up to three years, disclosure of encryption keys and emergency interception powers on broad grounds.

While acknowledging the government’s responsibility to address national security and organised crime, SERAP maintained that such objectives must be pursued within constitutional and international human rights limits.