SERAP Urges Tinubu To Stop ‘Unlawful Phone Tapping’ Law

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to instruct the Minister of Communications, Innovation and Digital Economy, Bosun Tijani, to promptly revoke the Interception of Communications Regulations, 2019, which it deemed unconstitutional and infringing on Nigeria’s international obligations.

SERAP, which made the demand in a letter dated February 21, 2026, signed by Deputy Director, Kolawole Oluwadare, also called for a transparent legislative process for any future interception laws.

The civil society organisation also demanded that the regulations be reformed to ensure they include constitutional protections, judicial oversight, and adherence to international standards.

SERAP described the 2019 Regulations, issued by the Nigerian Communications Commission (NCC) under Section 70 of the Nigerian Communications Act, 2003, as establishing a broad mass surveillance system that violates privacy and freedom of expression rights under Section 37 of the 1999 Constitution.

The organisation pointed out that the broad powers granted for interception on vague grounds such as “national security,” “economic wellbeing,” and “public emergency,” without judicial safeguards, independent oversight, transparency, or remedies.

It stated, “Serious interferences with fundamental rights cannot be authorised through subsidiary regulations or secrecy without strict safeguards.

“As Nigeria approaches the 2027 general elections, SERAP warned that such powers could be misused against political opponents, journalists, civil society, and election monitors.

“Surveillance measures that lack strict necessity, proportionality, and independent oversight are easily weaponised, even the perception of monitored private communication organising suppresses political organising, invesmobilisationorting, and voter mobilisation is emphasised.”

The organisation emphasised that free and fair elections depend on confidential communications that protect the debate, pointing out that! Misuse of intercepted data could undermine electoral and political participation.

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”

While acknowledging security concerns, SERAP insisted that measures must align with constitutional and international boundaries.