The Socio‑Economic Rights and Accountability Project has urged President Bola Tinubu to order the withdrawal of the Lawful Interception of Communications Regulations, 2019 on grounds that they are unconstitutional and inconsistent with Nigeria’s international obligations.
The Lawful Interception of Communications Regulations, 2019 were adopted under the Nigerian Communications Act to provide a framework for the interception of communications by state authorities.
SERAP’s appeal to the presidency followed recent public discussion about alleged phone interception involving senior public figures.
SERAP’s letter, dated 21 February 2026 and signed by its deputy director Kolawole Oluwadare, cited Nigeria’s constitutional guarantees and international human rights commitments as the basis for its call.
In a statement to Vanguard, SERAP said the Regulations grant broad powers to intercept communications on grounds such as national security, economic wellbeing, and public emergency without adequate judicial oversight or transparency.
The organisation said the intercept powers extend to communications within and outside Nigeria, and allow multiple state agencies, including the National Security Adviser and the State Security Services, to conduct interception.
SERAP stated the Regulations do not require prior judicial authorisation, independent oversight or effective remedies for those whose communications are intercepted. The statement said these conditions raise legal concerns under Section 37 of the Constitution, which guarantees privacy of communication.
The organisation also cited concerns about how broad interception powers could affect fundamental rights to privacy and freedom of expression, especially as Nigeria approaches the 2027 general election.
SERAP urged President Tinubu to initiate “a transparent and inclusive legislative process” to ensure any lawful interception framework complies with constitutional safeguards and judicial oversight requirements.
If implemented, SERAP’s request could lead to formal review or repeal of the existing Regulations. The appeal highlights legal debate around the balance between state security powers and protection of privacy and communication rights.
The call for an inclusive legislative process suggests potential involvement of the National Assembly in drafting any future lawful interception framework consistent with constitutional and international obligations.
