ABUJA — The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari’s administration over the scheme to keep tabs on the phone calls, WhatsApp, and text messages of Nigerians.
The NGO filed the suit on Friday before a federal high court in Abuja.
In the suit marked FHC/ABJ/CS/1240/2021, SERAP prayed that the court to declare the plan to monitor WhatsApp unconstitutional.
Of the N982 billion approved in 2021 supplementary budget, the federal government had budgeted a sum of N4.8 billion for the National Intelligence Agency (NIA) to monitor WhatsApp and Thuraya, a satellite telephone.
Abubakar Malami, minister of justice and attorney-general of the federation and Zainab Ahmed, minister of finance, budget and national planning, are joined as respondents in the suit.
In a statement issued on Sunday, SERAP said the plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for family and private life.
“The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitoring of WhatsApp messages, phone calls and text messages would grant free rein to government agencies to conduct mass surveillance of communications of people
“The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association.
“The powers to conduct arbitrary, abusive, or unlawful surveillance of communications may also be used to target political figures and activists, journalists and others in the discharge of their lawful activities.
“Any spending of public funds should stay within the limits of constitutional responsibilities, and oath of office by public officers, as well as comply with Chapter 2 of the Nigerian Constitution relating to fundamental objectives and directive principles of state policy,’’ the organization said.
The group also demanded that the court declare that monitoring of WhatsApp messages, phone calls, and text messages of Nigerians and other people is inconsistent with the principles of legality.
SERAP said the move threatens rights to private and family life, access to correspondence, and freedom of expression and the press guaranteed under sections 37 and 39 of Nigeria Constitution, 1999; Article 9 of the African Charter on Human and Peoples’ Rights, and Articles 17 and 19 of International Covenant on Civil and Political Rights.
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