In a significant move to protect digital privacy and the rule of law, the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu.

The legal action, lodged at the ECOWAS Community Court of Justice in Abuja, challenges the government’s failure to withdraw the Lawful Interception of Communications Regulations, 2019, which SERAP characterizes as a patently unlawful mass surveillance regime.

The suit, marked ECW/CCJ/APP/11/26, was filed last Friday following startling allegations made by Nasir El-Rufai, the former Governor of Kaduna State.

El-Rufai reportedly claimed that the phone conversations of the National Security Adviser (NSA), Nuhu Ribadu, had been intercepted.

According to El-Rufai, these surveillance activities extend to various public figures, alleging that he heard a recording of the NSA directing authorities to arrest him.

SERAP is seeking a declaration from the regional court that the continued existence of these regulations constitutes a violation of Nigeria’s international human rights obligations.

The organization argues that the current framework establishes a sweeping regime for phone-tapping that infringes upon constitutionally guaranteed rights to privacy and freedom of expression.

SERAP contends that when surveillance powers are exercised in secrecy and concentrated in the hands of political authorities without independent supervision, the risk of arbitrary use is substantial.

The organization warns that surveillance measures lacking strict necessity, proportionality, and independent judicial oversight can easily be weaponized against political opponents, journalists, and civil society actors.

The suit argues that the government’s refusal to withdraw the regulations acts as an official endorsement of unlawful mass phone-tapping rules that violate democratic principles.

Beyond a declaration of illegality, SERAP is seeking an order compelling the Nigerian government to immediately withdraw the 2019 Regulations.

The rights group is also requesting that the court direct the government to commence a legislative process to ensure any future interception frameworks conform strictly with international human rights standards.