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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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Airtel Africa Launches $110m Share Buyback Programme for Capital Efficiency

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Airtel Africa Plc has announced a strategic initiative in partnership with Barclays Capital Securities Limited to execute on-market share purchases totaling up to $110 million.

Airtel Africa Launches $110m Share Buyback Programme for Capital Efficiency

This initiative will be divided into non-discretionary and discretionary segments, marking a proactive step in optimizing the company’s capital structure and enhancing shareholder value.

In a statement released on the Nigerian Exchange and signed by Simon O’Hara, group company secretary, Airtel Africa described this share buyback program as a key component of its broader strategy to return cash to shareholders.

It noted that the program aims to repurchase up to one percent of the company’s issued share capital as of the date of this announcement.

“This decision by the Board reflects the organization’s strong financial position and its commitment to maintaining flexibility while continuing to invest for growth across its markets.

“The initial phase of the program will see Airtel Africa collaborating with Barclays Capital Securities to facilitate the purchase of its ordinary shares,” the statement noted.

According to Airtel Africa, the agreement features two key components operating concurrently: a non-discretionary segment allowing Barclays to purchase up to $60 million of ordinary shares independently of the company, and a discretionary segment where Airtel Africa can guide Barclays in purchasing an additional $50 million, adhering to the regulations set forth by the Market Abuse Regulation (EU) No 596/2014.

“The program is set to commence today and is expected to conclude by November 27, 2026, unless terminated earlier under the agreement’s terms. Airtel Africa has signaled that as the initiative progresses, further tranches may be announced to achieve its objective of repurchasing up to one percent of its issued share capital.

“The primary aim of this buyback program is to streamline the company’s capital. Accordingly, all shares purchased will be cancelled, contributing to a more efficient capital structure. Any transactions will be performed in alignment with pre-defined parameters outlined in the agreement with Barclays and comply with the authority granted by shareholders for share repurchases.”

At the annual general meeting on July 9, 2025, shareholders authorized the company to buy back a maximum of 366.073 million ordinary shares.

Following the previous buyback program, the remaining authority now stands at a maximum of 357.042 million ordinary shares, demonstrating ongoing support from shareholders for these initiatives.


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NCC Drafts New Rules for Virtual Mobile Operators

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Nigerian Communications Commission (NCC), Nigeria’s telecom regulator has released draft rules for mobile virtual network operators (MVNOs) as authorities seek to organize a market that is still at an early stage.

NCC Drafts New Rules for Virtual Mobile Operators

The NCC published the proposed “Business Rules for Mobile Virtual Network Operations in Nigeria” and opened a consultation process for industry stakeholders.

Comments can be submitted until June 29, while a public consultation is scheduled for July 9.

According to the NCC, the proposed rules define the obligations and responsibilities of both MVNOs and host network operators (HNOs).

The framework also sets conditions for licensing, compliance, interconnection, numbering resources, SIM and eSIM management, and network hosting agreements.

Regulators also seek to guarantee fair access to telecom infrastructure and reduce delays tied to the integration of MVNOs into existing mobile networks.

The text further includes provisions related to service quality, customer protection, network reliability, and data security.

Violations could lead to administrative sanctions or corrective measures under existing telecom laws.

Nigeria officially opened the MVNO market in 2023. That year, the NCC awarded licenses to 25 operators for a combined 5.9 billion naira, or about $4.3 million. Since then, around 40 licenses have been issued, with operators such as Vitel and Visafone already launching services.

Authorities see MVNOs as a way to improve competition in the telecom sector while helping extend services to underserved and unserved populations.

As of March 2026, Nigeria counted 185.7 million mobile subscribers and 153.8 million internet subscribers, according to NCC data.

Despite the size of the market, digital access remains uneven across the country.

Government estimates show that nearly 20 million Nigerians still remain outside the digital ecosystem.

The GSMA estimated that about 120 million Nigerians did not use mobile internet in 2023.

High service costs and inconsistent service quality also remain major concerns in the telecom sector.


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Australian Court Upholds Fine Against X Over Child Safety Compliance Failures

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An Australian federal court has upheld a fine against social media platform X over failures to comply with child internet safety regulations, bringing to an end a three-year legal dispute between the company and Australian authorities.

Australian Court Upholds Fine Against X Over Child Safety Compliance Failures

The case stemmed from a demand issued in February 2023 by Australia’s online safety regulator, the eSafety Commission, requesting detailed information on how the platform, then known as Twitter, was combating the spread of child sexual abuse material online.

Following the platform’s transition to X under billionaire entrepreneur Elon Musk, regulators accused the company of submitting incomplete responses to repeated requests for information.

A federal court had earlier ruled in October 2024 that X was legally obligated to comply fully with the notice issued by the regulator.

On Thursday, the court ordered the company to pay a fine of 650,000 Australian dollars (approximately 464,900 U.S. dollars).

Federal Justice Michael Wheelahan said the penalty was necessary to ensure compliance by large technology firms.

“A penalty near the maximum is appropriate in the case of the respondent, which is a substantial corporation, so that it operates as a real deterrent and is not simply a cost of doing business,” he said.

Australia has emerged as one of the leading countries advocating stricter regulation of major technology platforms.

The country recently introduced world-first legislation aimed at banning children under the age of 16 from accessing certain social media platforms.

Countries including France, United Kingdom and Canada are reportedly considering similar measures following consultations with Australian authorities.

Reacting to the judgment, eSafety Commissioner Julie Inman Grant said transparency remained essential in holding technology companies accountable.

“Meaningful transparency is critical to holding technology companies to account,” she said.

“This is not only a key part of our work as Australia’s online safety regulator, it also provides the Australian public with important information about how these companies are tackling the worst-of-the-worst content on their platforms,” she added.


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