General
Security Agencies’ Unfettered Access to Data of Nigerians Worries SERAP
By Adedapo Adesanya
The Socio-Economic Rights and Accountability Project (SERAP) has expressed concerns over the unfettered access securities agencies will soon have as regards the personal data of Nigerians.
Recently, there were reports that President Muhammadu Buhari has given approval to security agencies to access people’s personal details via NIN-SIM linkage without due process of law.
This is not going down well with SERAP, which has written to Mr Buhari to rescind the decision, saying it was against the law and that due process should be followed concerning the issue.
In a letter signed by the SERAP Deputy Director, Mr Kolawole Oluwadare, the group urged the President to “send executive bills to the National Assembly to repeal and reform all laws, which are inconsistent and incompatible with Nigerians’ rights to privacy, dignity and liberty.”
SERAP believes that the reported approval to allow security agencies to access people’s personal details via NIN-SIM linkage without due process of law directly interferes with the privacy, dignity and liberty of individuals.
It also believes that a failure to rescinded the reported approval may cause millions of law-abiding Nigerians to feel that their private lives are the subject of constant surveillance.
“The interference entailed by unlawfully or arbitrarily accessing people’s personal details is far-reaching and must be considered to be particularly serious,” the statement read in part, adding: “Interference with an individual’s right to privacy is not permissible if it is unlawful or arbitrary.
“The power to access individual’s details raises serious concerns as to their arbitrary use by the authorities responsible for applying them in a manner that reduces human rights and democratic principles by the monitoring and surveillance of millions of Nigerians.
“It is crucial to rescind the approval and respect the autonomy of individuals to receive and share information of a personal nature without interference from the authorities if unintended adverse consequences are to be avoided.
“The risk of arbitrary or abusive interference shows the importance for your government to comply fully with the requirements of legality, necessity, and proportionality.
“The right to privacy allows Nigerians to hold opinions and exercise freedom of expression without arbitrary or illegal interference and attacks.
“Private conversations of individuals – which belong to their intimate sphere and contribute to their personal development – also enjoy strong legal protection and can only be limited based on the principles of legality, necessity and proportionality.
“The reported presidential approval to security agencies does not align with the principle that any restriction on human rights capable of limitation should be the least intrusive means possible, and shall be necessary and proportionate to the benefit sought.
“Violations or abuses of the right to privacy might affect the enjoyment of other human rights, including the right to freedom of expression and to hold opinions without interference.
“SERAP notes that the right to privacy can enable the enjoyment of other rights and the free development of an individual’s personality and identity, and an individual’s ability to participate in political, economic, social and cultural life,” it said.
“In relation to the requirement of legality, any limitation must be expressly, exhaustively, precisely, and clearly provided for in law in the formal and material sense. It is not enough that the restrictions be formally approved by the president or by any other competent body: they must also be sufficiently clear, accessible and predictable.
“Similarly, measures restricting enjoyment of the right to privacy must comply with the principle of proportionality, meaning that they must not unduly interfere with other rights of the persons targeted.
“In the digital age, protecting the right to privacy requires exceptional attention. While acknowledging the challenging issues that your approval may seek to address, SERAP is seriously concerned that this may be used as a pretext by security agencies to violate Nigerians’ right to privacy and other related human rights.
“The undermining of the universality of fundamental human rights, alongside the potential encroachment upon the enjoyment of the right to privacy raised by the presidential approval, suggests the urgent need to review the matter and rescind your approval, consistent with constitutional and international standards.
“SERAP notes that the relationship between data principals and the authorities involves a power imbalance. Nigeria ought to provide the leadership in developing a data protection framework that is fully consistent and compatible with the protection of the fundamental and inalienable right to privacy.
“According to reports, some security agencies have received your approval to access people’s personal details via the database of the National Identity Management Commission in the course of carrying out their duties. The Minister of Communications and Digital Economy, Isa Pantami reportedly conveyed the approval to the relevant security agencies.
“Mr Pantami also reportedly stated that the approval would enhance security as it would help security operatives to go after kidnappers and other criminals.
“The approval would now allow security agencies to access the data of the over 73 million Nigerians who have linked their National Identity Number with their SIM, and other people who may do so.
“While the effectiveness of the fight against serious crime may depend to a great extent on the use of modern investigation techniques, such an objective of general interest, however fundamental it may be, cannot in itself justify the unlawful or arbitrary interference with the right to privacy.
“Unlawful or arbitrary access to people’s personal details would contravene section 37 of the Nigerian Constitution 1999 (as amended), article 17 of the International Covenant on Civil and Political Rights, and article 5 of the African Charter on Human and Peoples’ Rights, which protect against arbitrary or unlawful interference with one’s privacy.
“Any constraints upon the right to privacy must strictly comply with the principles of legality, necessity and proportionality. These requirements are included in the Nigerian Constitution and the human rights treaties to which Nigeria is a state party.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest,” it added.
By Adedapo Adesanya
The Nigerian Independent System Operator (NISO) has attributed the poor power supply facing a considerable number of Nigerians to inadequate gas supply to thermal power plants.
Business Post reports that epileptic power supply has plagued consumers in Lagos, Oyo, Abuja, and Osun, among others, this month, leading to worries. Also, some businesses have recorded losses due to the epileptic power supply in their areas.
In a statement posted on its X handle, NISO disclosed that average available generation on the national grid currently stands at about 4,300 megawatts (MW), with the low output primarily attributed to gas supply constraints.
The system operator noted that thermal power plants, which account for the dominant share of Nigeria’s electricity generation mix, require an estimated 1,629.75 million standard cubic feet (MMSCF) of gas per day to operate at optimal capacity. However, as of February 23, 2026, actual gas supply to the plants was approximately 692.00 MMSCF per day.
The available supply represents less than 43 per cent of the daily gas requirement, resulting in constrained generation output and reduced electricity allocation to Distribution Companies (DisCos).
NISO, which independently manages the nation’s electricity grid, explained that any disruption or limitation in gas supply directly affects available generation capacity and overall grid output, given the heavy reliance on thermal plants.
It added that when total system generation drops significantly, the operator is compelled to implement load shedding across the network while dispatching available energy in line with allocation percentages approved under the Multi-Year Tariff Order (MYTO) framework of the Nigerian Electricity Regulatory Commission (NERC), to maintain grid stability and prevent system disturbances.
While expressing regret over the inconvenience to electricity consumers and market participants, NISO said it is working closely with relevant stakeholders to restore full energy allocation once gas supply improves and generation capacity returns to normal levels.
By Adedapo Adesanya
The Economic and Financial Crimes Commission (EFCC) has re-arraigned former Attorney-General of the Federation (AGF), Mr Abubakar Malami (SAN), his wife, Mrs Asabe Bashir, and son, Mr Abdulaziz Malami, on money laundering charges.
They were brought before Justice Joyce Abdulmalik of the Federal High Court in Abuja, following the re-assignment of the case to the new trial judge.
Upon resumed hearing, EFCC’s lawyer, Mr Jibrin Okutepa (SAN), informed the court that the matter was scheduled for defendants’ re-arraignment.
“The matter is coming before your lordship this morning for the very first time. I will be applying for the plea of the defendants to be taken,” he said.
Mr Okutepa equally applied that the sums listed in Counts 11 and 12 be corrected to read N325 million instead of N325 billion for Count 11, and N120 million instead of N120 billion for Count 12.
When it was not opposed by the defence lawyer, Mr Joseph Daudu (SAN), Justice Abdulmalik granted the oral application by Mr Okutepa.
The defendants, however, pleaded not guilty to the 16 counts preferred against them by the anti-graft agency bordering on money laundering.
Justice Obiora Egwuatu had, on February 12, withdrawn from the case shortly after the civil case filed by the EFCC was brought to him.
The case was formerly before Justice Emeka Nwite, who sat as a vacation judge during the Christmas/New Year break.
After the vacation period, the CJ reassigned the cases to Justice Egwuatu, who had now recused himself, before it was reassigned to Justice Abdulmalik.
The former AGF, his wife, and son were earlier arraigned before Justice Nwite on December 30, 2025.
While Malami and his son were remanded at Kuje Correctional Centre, Asabe was remanded at Suleja Correctional Centre before they were admitted to N500 million bail each, on January 7, with two sureties each in the like sum.
By Adedapo Adesanya
Nigeria will hold next year’s presidential and National Assembly elections a month earlier than planned, after the Independent National Electoral Commission (INEC) revised the polling schedule.
The elections will be held on January 16, instead of the previously announced date of February 20, INEC said in an X post, signed by Mr Mohammed Kudu Haruna, National Commissioner and Chairman, Information and Voter Education Committee.
There were also changes to the Governorship and State Houses of Assembly elections initially fixed for Saturday, March 6 2027, in line with the Electoral Act, 2022, have now been moved to Saturday, February 6, 2027.
The electoral commission said the changes were caused by the enactment of the Electoral Act, 2026 and the repeal of the Electoral Act, 2022, which introduced adjustments to statutory timelines governing pre-election and electoral activities.
“The Commission reviewed and realigned the schedule to ensure compliance with the new legal framework,” it said.
INEC said party primaries (including resolution of disputes) will commence on April 23, 2026 and end on May 30, 2026, after which Presidential and National Assembly campaigns will begin on August 19, 2026, while Governorship and State Houses of Assembly campaigns will begin on September 9, 2026.
It noted that campaigns will end 24 hours before Election Day, and political parties have been advised to strictly adhere to the timelines.
INEC also stated it will enforce compliance with the law.
The electoral body also rescheduled the Osun Governorship election which was earlier scheduled for Saturday, August 8 2026, by a week to Saturday, August 15, 2026.
INEC noted that some activities regarding the Ekiti and Osun governorship elections have already been conducted, and the remaining activities will be implemented in accordance with the Electoral Act, 2026.
Speaking at a news briefing in Abuja two weeks ago, the chairman of INEC, Mr Joash Amupitan, expressed the readiness of the commission to conduct the polls next year.
The timetable issued by the organisation for the polls at the time came when the federal parliament had yet to transmit the amended electoral bill to President Bola Tinubu for assent.
Later that week, the Senate passed the electoral bill, reducing the notice of elections from 360 days to 180 days, while the transmission of results was mandated with a proviso.
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