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SERAP Asks Court to Declare FG’s ‘Plan to Monitor WhatsApp Messages Illegal’

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari, asking the court to “declare illegal and unconstitutional the plan by the administration to track, intercept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people, as it severely threatens and violates the right to the preservation of privacy.”

SERAP Asks Court to Declare FG’s ‘Plan to Monitor WhatsApp Messages Illegal’

The suit followed the proposal in the Supplementary Appropriation Act signed in July 2021 to spend N4.87bn to monitor private calls and messages. The amount is part of the N895.8bn supplementary budget approved by the National Assembly.

In the suit number FHC/ABJ/CS/1240/2021 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.”

SERAP is also seeking “a declaration that any monitoring of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian Constitution 1999 [as amended]; Article 9 of the African Charter on Human and Peoples’ Rights; and Articles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeria is a state party.”

According to the group, 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 home, and correspondence.

“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,” it said.

“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.

“Privacy and expression are intertwined in the digital age, with online privacy serving as a gateway to secure exercise of the freedom of opinion and expression. Therefore, targets of surveillance would suffer interference with their rights to privacy and freedom of opinion and expression whether the effort to monitor is successful or not.”

Joined in the suit as respondents are the Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) and the Minister of Finance, Budget and National Planning, Zainab Ahmed.

The suit filed on behalf of SERAP by Kolawole Oluwadare and Kehinde Oyewumi, its lawyers read in part: “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 lack of any safeguards against discriminatory decision-making, and access to an effective remedy shows the grave threats the purported plan poses to constitutionally and internationally recognized human rights.

“Section 37 of the Nigerian Constitution and Article 17 of the International Covenant on Civil and Political Rights provide for the right to freedom from arbitrary or unlawful interference with privacy and correspondence, communications and private data.

“Section 39 of the Nigerian Constitution and Article 19 of the Covenant also guarantee the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media.

“The UN General Assembly has condemned unlawful or arbitrary surveillance and interception of communications as ‘highly intrusive acts’ that interfere with fundamental human rights (see General Assembly resolutions 68/167 and 71/199).

“Interference with privacy through targeted surveillance is designed to repress the exercise of the right to freedom of expression. Surveillance of journalists, activists, opposition figures, critics and others simply exercising their right to freedom of expression – would lead to violations of other human rights.

“Targeted surveillance creates incentives for self-censorship and directly undermines the ability of journalists and human rights defenders to conduct investigations and build and maintain relationships with sources of information.”

SERAP is also seeking the following reliefs:

A declaration that monitoring of WhatsApp messages, phone calls and text messages of Nigerians and other people is inconsistent with the principles of legality, necessity, and proportionality and amounts to threat and infringement on the 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.

A declaration that the act of the Defendants budgeting N4.87bn of public money to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people is unlawful and a violation of the rights to private and family life, access to correspondence, and freedom of expression and the press.

An order setting aside the budget line of N4.87bn to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people for being inconsistent and incompatible with constitutional provisions, and international human rights treaties.

An order mandating the 1st Respondent to redirect public funds in the sum of N4.87bn budgeted to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people to improve the working conditions of healthcare practitioners and improve public healthcare facilities across Nigeria.

And for such further order or orders that the court may deem fit to make in the circumstances.

No date has been fixed for the hearing of the suit.

 

 


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Telecom

Banks, Telcos Settle Four-Year Dispute over N300Bn USSD Debt

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Banks and telecommunications operators in Nigeria have ended a four-year dispute over nearly N300bn owed for Unstructured Supplementary Service Data services (USSD), with the debt now fully cleared, according to Association of Licensed Telecommunications Operators of Nigeria (ALTON).

Banks, Telcos Settle Four-Year Dispute over N300Bn USSD Debt

Gbenga Adebayo, chairman, announced the resolution on Thursday during an official visit to Idris Olorunnimbe, chairman, Nigerian Communications Commission (NCC).

He credited the intervention of the NCC, led by Dr Aminu Maida, executive vice chairman of the commission, with bringing the long-standing dispute to a close.

“When Dr Maida assumed office, he inherited significant industry challenges,” Adebayo said.

“One of the most difficult was the USSD debt crisis, a debt burden that grew over four years to nearly N300bn. It had become a systemic risk to our sector and the digital financial ecosystem.

Through firm leadership, structured engagement, and decisive coordination, Dr Maida and his team resolved this issue.

Today, there is no outstanding USSD debt. The ecosystem has fully migrated to end-user billing. What was once a looming crisis has been converted into a sustainable framework.”

The clearing of the debt ends years of accusations and counter-accusations between banks and telecom operators, which had threatened the stability of digital financial services in the country.

Adebayo praised the NCC’s leadership for steering the telecom sector through one of its most delicate periods, noting other interventions, including last year’s approval of a 50 per cent USSD tariff.

He described the resolution of the debt crisis as a milestone for the telecom and digital finance ecosystem, ensuring sustainability and predictability for operators and service providers.

Nigeria’s telco and bank billing for USSD services transitioned to the end-user billing model in mid-2025, moving charges from bank accounts to customers’ mobile airtime, which is deducted directly by telecom operators.

This shift resolved the long-standing dispute in which banks owed operators up to N300bn in unpaid USSD fees.

The transition arose from years of tension between telecom operators, including MTN and Airtel, and banks over USSD revenue sharing, with debts peaking at N250–300bn by 2024.

The NCC, in collaboration with the Central Bank of Nigeria, developed the EUB framework to standardise billing, enhance transparency, and support financial inclusion for unbanked users who rely heavily on USSD codes.

Under the EUB system, charges are now deducted directly from mobile airtime at N6.98 per session lasting up to 120 seconds, with user consent prompts issued before each deduction. Banks no longer bill for USSD services; telcos handle them exclusively, with regulatory safeguards preventing double-billing. Users can opt in or out of the service, and banks are required to notify customers in advance of any USSD session charges.

Migration to the EUB model began between June 3 and 18, 2025, following partial debt repayments amounting to N171bn. By February 19, 2026, banks had fully cleared the remaining debt, solidifying the EUB rollout.

The model improves user control through immediate airtime deductions and session notifications, similar to voice and SMS billing. While some critics have expressed concern over potential burdens on low-income users, the transition strengthens telecom revenue sustainability and contributes to the stability of Nigeria’s digital financial ecosystem.

 

Credit: Punch

 


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MTN, FAAN Unveil Free WiFi @ Lagos, Abuja Airports

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Federal Airports Authority of Nigeria (FAAN) and MTN Nigeria have  launched free, high-speed WiFi services for passengers at the international wing of the Murtala Muhammed Airport in Lagos and the Nnamdi Azikiwe International Airport in Abuja.

MTN, FAAN Unveil Free WiFi @ Lagos, Abuja Airports

The partnership, both bodies explained, will be followed up with similar development taking place at the airports in Kano, Port Harcourt and Enugu within the next few months.

Mrs Olubunmi Kuku, managing director of FAAN, officially unveiled the internet service at MMIA Terminal two.

Kuku, who was represented by Capt. Abdullahi Mahmood, director of Airport Operations,  described the initiative as a major milestone partnership for the aviation ecosystem.

The FAAN boss said the milestone marked a new benchmark in digital infrastructure and passenger experience across Nigerian airports.

According to her, the free WiFi service will be extended to the MMIA Temporary Terminal within weeks, before extension to Enugu, Port Harcourt, and Kano international airports over the next three months.

“In 21st century Nigeria, no Nigerian airport should be an offline island.

“This collaboration with MTN Nigeria demonstrates how effective Public-Private Partnership (PPP) alignment can modernise infrastructure and strengthen the country’s digital economy,” she said.

Kuku assured travellers that FAAN was committed to closing service gaps and enhancing operational efficiency across airports nationwide.

“This WiFi is our promise that FAAN is listening. We have turned on the signal today, but the signal we are truly sending is this: Nigerian aviation is writing a new chapter; one of innovation, partnership, and unwavering commitment to excellence,” she said.

Kuku said the project was a key component of the digital economy agenda led by President Bola Tinubu and the transformative vision of Mr Festus Keyamo, minister of Aviation.

She commended MTN Nigeria for its technical expertise and investment in the project, describing the partnership as purpose-driven and transformative.

On his part, Mr Karl Toriola, chief executive officer of MTN Nigeria, who was represented by Lynda Saint-Nwafor, chief enterprise business officer, assured passengers that the service would be reliable, secure and efficient.

“We are proud to announce the launch of a free WiFi service across major airports in Nigeria in partnership with FAAN.

“This initiative reflects a shared commitment to improving passenger experience and enhancing digital accessibility,” Toriola said.

He noted that airports served as critical gateways for business travellers, tourists, airport personnel and service providers, all of whom required seamless connectivity.

“With this service, travellers waiting to board, in transit, or upon arrival can now stay connected freely and effortlessly,” he added.

MTN Nigeria also announced plans to activate on-ground engagement campaigns at the Lagos and Abuja airports over the next month to drive awareness and encourage usage.

According to the telecom giant, the project reinforces its commitment to national infrastructure development and expanding digital access in public spaces.

 


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NCC Mulls Sanction on Road Contractors Destroying Metro Fibre of Telcos

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Nigerian Communications Commission (NCC) is considering imposing sanction on any road contractor that destroys telecommunications metro fibre across the country.

Idris Olorunnimbe, chairman, Board of Commissioners, NCC, stated this at congratulatory visit to the Chairman by members of Association of Licensed Telecommunications Operators of Nigeria (ALTON) in Lagos yesterday.

According to him, “I think what we need to do to address the damage of metro fibre by government contractors is simply. He who cuts It must fix it, and we’ll take this message to our state governments.

If any contractor knows that if they damage that critical national infrastructure, their work is going to stop and they are going to be the ones to fix it, they will not destroy it.

Responding, Engr. Gbenga Adebayo, chairman, Association of Licensed Telecommunications Operators of Nigeria (ALTON), said up until now, there are no consequences for those infractions, and if there are no consequences, the tendency to continue to do bad is very high.

“Contractors of government carrying out roadworks, whether road maintenance or road expansion, and their machines destroy communications super highway at will, if there are consequences, or if there were consequences some of those actions will not have escalated to the level that we are in.

“What the chairman has said today is very important, if you destroy it you fix it. What we are expecting now is that the consequence of managing those problems will be a lot more, and there will be legal deterrent for people from destroying operators’ fibre. I must emphasize the communication super highway. That’s the highway by which all the signals are carried.

“When this highway is broken, it’s like you have a major bridge that’s broken. You can’t reach east, neither can you reach west. And until we take it as the major super communications highway and so protective, we will continue to be where we are.

“That’s actually what it is. When this highway is broken, we are all affected. So, it’s no longer an infrastructure that is for operators, but it belongs to all of us. If I don’t have service on my phone, some of these are the consequence of this violation that we are seeing.

Earlier in his welcome address, Engr. Adebayo highlighted some of the key challenges in the sector which includes: Daily fibre cuts — often caused by federal and state road construction contractors — are creating enormous economic losses.

  • Nationwide service disruptions
  • Destruction of critical digital infrastructure
  • Loss of assets without compensation
  • Banking, education, and security interruptions

There is currently insufficient institutional recourse for operators when these damages occur. A structured pre-construction fibre mapping and mandatory coordination framework is urgently required.

Key Regulatory Priorities for Sector Stability

  1. Independence of the Regulator

He said regulatory independence ensures:

  • Credible oversight
  • Investor confidence
  • Transparent decision-making
  • Long-term sector stability

Independence must not only exist in law — it must be visible in practice.

“We recommend: Legislative reinforcement explicitly affirming NCC independence

  • Clear codification of interaction boundaries between the regulator and supervising authorities
  • Operational safeguards insulating regulatory processes from undue influence

Multiple Regulation

Overlapping regulatory interventions by various MDAs on matters already within NCC jurisdiction create:

  • Duplicative investigations
  • Conflicting directives
  • Increased compliance costs
  • Regulatory uncertainty

“We recommend structured inter-agency coordination frameworks and legislative clarification reaffirming NCC’s exclusive jurisdiction over telecommunications matters.

Multiple Taxation

Adebayo stated that operators continue to face excessive sub-national taxes and levies.

Enforcement tactics such as site shutdowns directly affect Quality of Service and national connectivity.

A harmonized national telecom taxation framework is essential for broadband expansion and digital inclusion.


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