The State of Communication Surveillance Law in Nigeria: Fit for Purpose or Need for Reform?

5 Pages Posted: 12 Feb 2024

Date Written: October 25, 2023

Abstract

In a world where crime is possible, communication surveillance is seen as a necessary evil to prevent greater evils such as violence and terrorism. With rising globalisation and technological advances, it has become easier for governments to conduct electronic surveillance and interception on citizens. This has raised concerns for the right to privacy and the freedom of expression. A 2023 report by the Institute of Development Studies revealed that Nigeria spent a whopping $2.7 billion on surveillance equipment contracts between 2013 and 2022, surpassing other countries in Africa. According to the report, successive governments have used surveillance equipment for various purposes, including social media monitoring, internet intervention, and mobile interception. Aside from the provisions of Section 37 of the 1999 Constitution on the right to privacy, there are several other legislation that regulate communication surveillance in Nigeria. The Lawful Interception of Communications Regulations, 2019 is the most comprehensive law on communication surveillance in Nigeria, which regulates the interception and disclosure of communications. However, meaningful questions remain about the impact of this law in practice, as well as concerns that Nigeria’s surveillance laws lack adequate safeguards to prevent abuse of privacy rights. This essay embarks on an interesting journey in examining the state of communication surveillance law in Nigeria, as well as whether they are fit for purpose or in need for reform.

Keywords: Communication Surveillance, Data Privacy, Freedom of Expression, Lawful Interception, Nigeria

Suggested Citation

Oyeleke, Morenike, The State of Communication Surveillance Law in Nigeria: Fit for Purpose or Need for Reform? (October 25, 2023). Available at SSRN: https://ssrn.com/abstract=4708354 or http://dx.doi.org/10.2139/ssrn.4708354

Morenike Oyeleke (Contact Author)

University of Lagos ( email )

Akoka, Yaba,
Lagos, 100213
Nigeria

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