Socio-Economic Rights and Accountability Project (SERAP) has cautioned that existing interception and surveillance regulations in the country could be deployed against civilians and critics of the government if not properly subjected to legislative scrutiny.
SERAP called on President Bola Tinubu to direct Bosun Tijani, minister of Communications, Innovation and Digital Economy, to immediately withdraw the Lawful Interception of Communications Regulations, 2019.
In a statement earlier in the week, SERAP, described the rules as unconstitutional and inconsistent with Nigeria’s international obligations.
Also Kolawole Oluwadare, deputy director of SERAP, during an interview on Arise Television, called for greater transparency and public participation in shaping such regulations.
In its statement, the organization, said that the regulations establish a sweeping mass surveillance regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.
- “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.
- “Serious interferences with fundamental rights cannot be authorised through subsidiary regulations or exercised in secrecy without strict safeguards.
- “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 organization stated.
And during an interview on Arise Television, Oluwadare, insisted that regulations with such far-reaching implications must undergo a thorough legislative process, including public hearings.
Oluwadare’s comments followed allegations by Nasir El-Rufai, former Kaduna State Governor, who had claimed that he and another individual intercepted a phone conversation involving Nuhu Ribadu, national security adviser.
The former Governor’s claims have since sparked renewed debate over the scope and oversight of surveillance powers granted to security agencies.
With the kind of weight and power this kind of regulation has, it should go through the legislative process and public hearing. These regulations will take away major rights Nigerians have,” Oluwadare said.
He argued that the current framework governing interception may not be necessary in its present form, noting that concerns remain over vague wording, insufficient safeguards for civil liberties, and the potential for abuse.
The SERAP deputy director expressed apprehension over how security agencies exercise interception powers.
“It is unclear how agencies like the DSS or the Office of the National Security Adviser utilise these powers, raising concerns that they might be used against civilians or government critics,” he stated.
According to him, regulations of such magnitude, especially those capable of impacting fundamental human rights, must be subjected to robust legislative scrutiny to ensure they strike a balance between national security and civil liberties.
Oluwadare clarified that his position does not amount to opposing an interception framework entirely, but rather advocating for one that aligns with international best practices.
“This stance does not advocate against an interception framework altogether, but rather suggests it should align with models found in other jurisdictions, incorporating robust safeguards as envisioned in existing legal frameworks,” he explained.
Oluwadare added that public participation would not only strengthen accountability but also enhance the effectiveness of such laws in addressing insecurity without undermining democratic freedoms.
