By Juliet Ezeh
The Socio-Economic Rights and Accountability Project has warned that Nigeria’s existing phone interception regulations could undermine democratic processes ahead of the 2027 general elections, as it filed a lawsuit against the administration of Bola Tinubu at the ECOWAS Community Court of Justice.
In the suit, SERAP argued that the continued enforcement of the Lawful Interception of Communications Regulations, 2019 could create an environment where surveillance powers are misused during politically sensitive periods.
According to the organisation, broad interception powers granted to security agencies may threaten confidential communications among political actors, journalists and civil society groups, potentially affecting voter mobilisation and democratic debate.
The case, numbered ECW/CCJ/APP/11/26 and filed last Friday, seeks a declaration that the Nigerian government’s failure to withdraw the regulations violates the country’s international human rights obligations.
SERAP contended that the rules, which allow security agencies to intercept communications such as phone calls, text messages, emails and internet browsing data, could be used to intimidate political opponents or influence the electoral environment if not properly regulated.
The organisation said that as Nigeria approaches the 2027 elections, surveillance measures must be narrowly defined and subject to strict oversight to prevent abuse.
It argued that free and fair elections depend heavily on secure communications, particularly for journalists protecting sources, election observers coordinating activities and political actors organising campaigns.
SERAP further warned that even the perception that private conversations may be monitored could discourage political engagement and restrict open democratic discussions.
The lawsuit also raised concerns about the legal framework guiding interception activities, noting that the regulations grant broad authority to agencies including the State Security Service and the office of the Nuhu Ribadu.
The organisation argued that some provisions within the regulations expand the list of authorised agencies to include bodies such as the Nigeria Police Force, the Economic and Financial Crimes Commission, the National Intelligence Agency and the National Drug Law Enforcement Agency.
According to SERAP, the lack of clear limitations on these powers could lead to arbitrary monitoring of citizens’ communications.
The organisation also criticised provisions that allow interception without a warrant in certain circumstances, arguing that such powers could be misused without independent judicial authorisation.
SERAP said effective safeguards are necessary to ensure that national security measures do not infringe on constitutionally guaranteed rights such as privacy and freedom of expression.
The group acknowledged that governments have legitimate responsibilities to tackle organised crime and protect national security, but insisted that such efforts must remain consistent with democratic principles and international human rights standards.
No hearing date has yet been scheduled by the ECOWAS Community Court of Justice for the case.
Juliet Ezeh is the founder and chief reporter at Westbridge Reporters with over 7 years of experience in journalism. She covers crime, industry, policy, and social developments, delivering timely and accurate reporting.