FG sued at ECOWAS Court over mass phone‑tapping rules

By Isa Isawade

The Federal Government of Nigeria has been taken to the ECOWAS Community Court of Justice, Abuja over its refusal to withdraw the mass phone-tapping rules known as ‘Lawful Interception of Communications Regulations, 2019′.

The lawsuit was filed at the Court on Friday by the Socio-Economic Rights and Accountability Project (SERAP).

This follows allegations made by the former Kaduna State Governor, Nasir El-Rufai that the National Security Adviser (NSA), Nuhu Ribadu’s phone conversation was intercepted by him.

El-Rufai reportedly said he did that because government taps citizens’ phone lines too.

In the suit numbered ECW/CCJ/APP/11/26, SERAP is seeking a declaration that the failure of the government to withdraw the phone-tapping rules is unlawful and a violation of Nigeria’s international human rights obligations.

It’s also 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.

“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.”

SERAP is arguing that, “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.

“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.

“The Regulations also raise serious concerns as Nigeria approaches the 2027 general elections. Broad and weakly safeguarded interception powers create a real risk of abuse during politically sensitive periods.”

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni, read in part: “Secret surveillance and bulk data collection create a permanent risk of misuse, profiling and abuse, particularly given the formidable technologies available to state authorities.

“The mere retention or storage of personal data relating to an individual’s private life constitutes an interference with this right—whether or not the data is subsequently accessed or used.

“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.

“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.

“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.

“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process.”

No date has been fixed for the hearing of the suit.