Stop Mass Telephone Tapping Now – SERAP Urges Tinubu

Introduction

In a bold move to protect digital rights and civil liberties, the Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to halt what it describes as an unconstitutional mass surveillance regime in Nigeria. This urgent appeal centers on the **Lawful Interception of Communications Regulations, 2019**, which SERAP argues violate both constitutional guarantees and international human rights standards.

Key Points

Background

The controversy erupted following allegations by former Kaduna State Governor Nasir El-Rufai that the National Security Adviser’s phone conversations were being intercepted. El-Rufai claimed, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”

These revelations prompted SERAP to examine the existing legal framework governing communications interception in Nigeria. The organization’s investigation led to the conclusion that the **Lawful Interception of Communications Regulations, 2019** create a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including privacy and freedom of expression.

Analysis

Constitutional and Legal Concerns

SERAP’s deputy director, Kolawole Oluwadare, emphasized that the regulations are “unconstitutional, unlawful, and entirely inconsistent with Nigeria’s international obligations.” The organization’s February 21, 2026 letter to President Tinubu outlines several critical legal deficiencies:

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.

Election Integrity Risks

With Nigeria’s 2027 general elections approaching, SERAP warns that broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods. The organization argues that surveillance measures lacking strict necessity, proportionality, and independent judicial oversight can easily be weaponized against political opponents, journalists, civil society actors, and election observers.

Specific Regulatory Provisions Under Fire

SERAP has identified several problematic provisions within the regulations:

– **Regulation 4**: Provides broad discretionary interception power with minimal clarity regarding the scope or limits of such discretion
– **Regulation 23**: Allows the Nigerian Communications Commission to designate additional government officials with interception powers, creating ambiguity and undermining legal certainty
– **Warrantless Interception**: Permits interception without a warrant in broad circumstances
– **Lack of Notification**: Fails to require notification to affected individuals
– **Encryption Key Disclosure**: Mandates disclosure of encryption keys, which SERAP says “weakens cybersecurity for everyone and fails to provide safeguards for journalists, lawyers, and human rights defenders”

Democratic Process Implications

The organization emphasizes that privacy is fundamental to democratic processes: “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.

Practical Advice

For citizens concerned about their digital privacy and communications security, consider these practical steps:

1. **Use end-to-end encrypted messaging apps** like Signal or WhatsApp for sensitive communications
2. **Enable two-factor authentication** on all important accounts
3. **Regularly update your devices** and applications to patch security vulnerabilities
4. **Be cautious about sharing sensitive information** over unsecured channels
5. **Stay informed** about your digital rights and local privacy laws

FAQ

Conclusion

The call by SERAP to halt mass telephone tapping represents a critical moment in Nigeria’s ongoing struggle to balance national security concerns with fundamental human rights and democratic principles. As the country approaches another election cycle, the need for clear, constitutional safeguards around communications interception becomes increasingly urgent.

President Tinubu now faces a significant decision: whether to uphold digital rights and privacy protections or maintain a surveillance framework that many legal experts and civil society organizations consider fundamentally flawed. The outcome of this confrontation will likely have lasting implications for Nigeria’s democratic development and its citizens’ fundamental freedoms in the digital age.