SERAP Drags FG to ECOWAS Court Over Alleged Mass Phone-Tapping Rules

Nigeria’s Federal Government under Bola Ahmed Tinubu has been sued at the ECOWAS Community Court of Justice in Abuja over its refusal to withdraw the controversial *Lawful Interception of Communications Regulations, 2019*, widely described as enabling mass phone surveillance.

The lawsuit was filed on Friday by the Socio-Economic Rights and Accountability Project (SERAP), which is seeking a court declaration that the continued enforcement of the regulations violates Nigeria’s international human rights obligations.

The suit, marked ECW/CCJ/APP/11/26, follows recent allegations by former Kaduna State governor Nasir El-Rufai that the phone conversation of the National Security Adviser, Nuhu Ribadu, had been intercepted.

El-Rufai reportedly claimed he carried out the interception because, according to him, the government also taps citizens’ phone communications.

In its legal filing, SERAP argued that the surveillance framework effectively creates a sweeping phone-tapping regime capable of infringing on citizens’ fundamental rights, particularly the rights to privacy and freedom of expression.

The organisation is asking the court to declare that the government’s failure to withdraw the regulations amounts to an official endorsement of unlawful mass surveillance.

It also wants the court to order the Nigerian government to immediately revoke the regulations and begin a legislative process to develop a new framework that complies with international human rights standards.

According to SERAP, the current interception rules grant authorities broad powers to monitor communications on grounds such as “national security,” “economic wellbeing,” and “public emergency,” without sufficient judicial oversight or independent supervision.

The organisation warned that surveillance powers exercised in secrecy could easily be abused against journalists, political opponents, civil society groups, and election observers.

Lawyers representing SERAP — Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni — argued in the suit that unchecked interception powers could pose serious risks as Nigeria approaches the **2027 general elections**.

They said the mere possibility that private communications could be monitored might discourage political organising, investigative journalism, and voter mobilisation.

“Secret surveillance and bulk data collection create a permanent risk of misuse, profiling and abuse,” the lawyers stated.

They also warned that any misuse of intercepted information for intimidation, political advantage, or disinformation could undermine Nigeria’s democratic process and electoral integrity.

SERAP therefore urged the court to ensure that any future interception laws include strict safeguards, such as independent judicial authorisation and transparent oversight mechanisms.

As of the time of filing this report, the ECOWAS court had not fixed a date for hearing the case