SERAP Sues FG Over “Massive Phone Tapping Rule” At ECOWAS Court

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu at the ECOWAS Community Court of Justice over alleged failure to withdraw “unlawful mass phone-tapping rules” known as the Lawful Interception of Communications Regulations, 2019.

LICR 2019 is a provision in the Nigerian Constitution that authorises licensed telecom companies to install technology for security agencies to monitor communications, including voice, data, text, email, and browsing, for national security and to combat crime.

A statement signed and released on Sunday by SERAP Deputy Director, Kolawole Oluwadare, said the suit followed allegations by former Kaduna State governor, Nasir El-Rufai, that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted

El-Rufai reportedly claimed, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”

In the suit number ECW/CCJ/APP/11/26 filed last Friday at the ECOWAS Community Court of Justice, Abuja, SERAP is seeking a declaration that the failure of the government to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria’s international human rights obligations.

The statement reads, “We are seeking a declaration that the failure of the government to withdraw the Interception of Communications Regulations constitutes an official endorsement of unlawful mass phone-tapping rules, as the Regulations are patently unlawful, and violate the rule of law, democratic principles, and the right to privacy.

“We are also seeking an order directing and compelling the Nigerian government to immediately withdraw the Interception of Communications Regulations, and to commence a legislative process to ensure that any interception regulations are in conformity with Nigeria’s international human rights obligations.”

The statement added, “The Regulations establish a sweeping mass phone-tapping regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.

“Where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent supervision, the risks of arbitrariness are substantial.”

SERAP argued that 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.