Nigerian Rights Group Challenges Tinubu Over 2019 Phone Tapping Regulations
SERAP demands withdrawal of communications interception law, calling it unconstitutional and a violation of international human rights obligations.
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The Socio-Economic Rights and Accountability Project has put President Bola Tinubu on notice over Nigeria's controversial phone tapping regulations, demanding immediate withdrawal of rules it says trample on citizens' privacy rights and breach international law.
In a statement released Sunday, SERAP called on Tinubu to direct Communications Minister Bosun Tijani to scrap the Lawful Interception of Communications Regulations introduced in 2019. The advocacy group argues the framework, which grants security agencies sweeping powers to monitor phone calls, text messages, and internet communications, fundamentally contradicts both Nigeria's constitution and the country's commitments under international human rights treaties.
Surveillance Powers Without Safeguards
The 2019 regulations emerged during a period when African governments were rapidly expanding digital surveillance capabilities, often with minimal public debate or judicial oversight. Nigeria's version requires telecommunications companies and internet service providers to install equipment allowing real-time interception of communications by law enforcement and security agencies.
SERAP's challenge centers on what it describes as the absence of adequate safeguards against abuse. According to Nairametrics, the organization characterizes the regulations as "unconstitutional and inconsistent with Nigeria's international obligations." The group's concern reflects broader anxieties across Africa about the balance between national security imperatives and individual privacy rights in an increasingly connected continent.
Nigeria's digital economy has exploded over the past five years, with mobile phone penetration exceeding 85% and internet users surpassing 122 million. This expansion has created unprecedented opportunities for economic growth through fintech, e-commerce, and digital services. But it has also generated massive troves of personal data that governments can access with minimal judicial review under current frameworks.
Regional Pattern of Digital Surveillance
Nigeria's phone tapping regulations fit a continental pattern. Kenya, Uganda, Tanzania, and Zimbabwe have all introduced similar frameworks in recent years, typically justified on national security grounds but criticized by digital rights advocates for lack of transparency and oversight mechanisms.
The timing of SERAP's intervention is significant. Minister Tijani has positioned himself as a reformer focused on expanding digital infrastructure and fostering tech innovation. His ministry has championed startup-friendly policies and worked to position Nigeria as West Africa's technology hub. A public confrontation over surveillance regulations creates tension between these innovation goals and security establishment priorities.
The 2019 regulations were introduced under the Buhari administration, but Tinubu's government has shown no indication of revisiting them despite campaign promises to protect constitutional rights. SERAP's statement appears designed to force the issue onto the president's agenda at a moment when his administration faces mounting criticism over economic hardship and governance concerns.
International Standards vs. Local Implementation
International human rights law recognizes that governments may conduct targeted surveillance for legitimate security purposes, but requires such measures to be necessary, proportionate, and subject to independent oversight. The UN Human Rights Committee has repeatedly emphasized that mass surveillance programs violate the right to privacy enshrined in the International Covenant on Civil and Political Rights, which Nigeria ratified in 1993.
SERAP's legal strategy leverages these international standards to challenge domestic regulations. The organization has successfully used similar approaches in previous cases, including landmark litigation that forced the Nigerian government to restore access to Twitter after a controversial ban in 2021.
The phone tapping debate also intersects with Nigeria's troubled relationship between security agencies and citizens. Extrajudicial surveillance has been documented in cases involving journalists, activists, and opposition politicians, raising concerns that interception powers serve political control rather than legitimate security objectives.
Whether Tinubu responds to SERAP's demand will signal his administration's approach to digital rights as Nigeria's tech sector matures. The country attracted over $1.2 billion in venture capital funding last year despite economic headwinds, but investors increasingly cite regulatory uncertainty as a constraint on growth. Clear, rights-respecting frameworks for data protection and communications privacy could differentiate Nigeria from regional competitors.
For now, the 2019 regulations remain in force, giving security agencies broad authority to monitor digital communications with limited transparency about how these powers are exercised or who provides oversight. SERAP's challenge puts the ball in Tinubu's court on whether Nigeria's digital future will be built on surveillance or on rights-respecting governance frameworks that protect innovation and individual liberty.