The Socio-Economic Rights and Accountability Project (SERAP) has instituted proceedings against the federal government at the ECOWAS Community Court of Justice, challenging the legitimacy of mass phone-tapping regulations.
The suit, designated ECW/CCJ/APP/11/26, was filed on Friday in Abuja, contesting the Lawful Interception of Communications Regulations 2019, which the organisation alleges permits unwarranted surveillance of private communications.
The case follows allegations by former Kaduna State Governor, Nasir El-Rufai, that a phone conversation involving National Security Adviser, Nuhu Ribadu, was intercepted, SERAP stated.
In the suit, the organisation is seeking a declaration that the government’s failure to withdraw the regulations is a breach of Nigeria’s international human rights obligations, specifically the rights to privacy and freedom of expression.
SERAP also wants the court to order the government to withdraw the regulations and begin a legislative process to ensure that any interception framework complies with international human rights standards.
According to the group, the rules establish a broad surveillance system that could allow authorities to intercept communications on grounds such as national security or economic wellbeing without sufficient judicial oversight.
SERAP warned the regulations could be abused against journalists, civil society groups, political opponents and election observers, especially as Nigeria prepares for the 2027 general elections.
Lawyers representing the organization – Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni—argued that surveillance powers exercised in secrecy risk misuse and weaken democratic accountability.
The group further said the regulations expand the list of agencies authorised to intercept communications, potentially including the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission and National Drug Law Enforcement Agency.
SERAP also criticised provisions allowing warrantless interception, data retention for up to three years and compulsory disclosure of encryption keys, arguing that they could undermine privacy rights and cybersecurity.
The organisation said that while it recognises the government’s responsibility to address national security threats and organised crime, such measures must respect constitutional protections and international human rights standards.
No hearing date has yet been fixed for the case.
Chuks Okocha
