The Socio-Economic Rights and Accountability Project (SERAP) has instituted an application before a Federal High Court sitting in Abuja challenging what it termed as the federal government’s move to monitor phone calls, texts and Whatsapp messages of Nigerians.
SERAP is alleging that it is wrong for President Muhammadu Buhari administration to do that, adding that it contravened Nigerians’ constitutional right to privacy.
As such , it wants 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.”
While SERAP is the applicant, the Minister of Justice and the Attorney General of the Federation, Abubakar Malami, SAN, Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed, are the respondents in the suit.
In SERAP’s brief of argument, it stated that democracy and human right is under threat if the Buhari administration is allowed to track people’s private messages.
“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. It also fails to meet the requirements of legality, necessity, and proportionality.
“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,” it added.
Scheduled date for hearing is yet to be approved.
