Privacy Rights and Surveillance by Nigerian State Agencies: A Review of Domestic Law Compliance

This research investigates surveillance activities by Nigerian state agencies, including the Department of State Services, the National Intelligence Agency, and the Nigerian Communications Commission, examining their compliance with the right to privacy guaranteed under Section 37 of the 1999 Constitution and Article 17 of the International Covenant on Civil and Political Rights. The proliferation of digital surveillance technologies and the lack of a comprehensive legal framework governing state intelligence activities in Nigeria raise significant human rights concerns. The study employs a doctrinal analysis of the Cybercrime (Prohibition, Prevention, etc.) Act 2015, the Nigeria Data Protection Regulation 2019, and various executive instruments, supplemented by secondary data from Freedom House, Access Now, and digital rights civil society reports. The research also reviews available court rulings on unlawful phone tapping and data interception in Nigerian courts. Findings reveal a significant governance gap in the regulation of covert surveillance: the legal threshold for authorizing interception is undefined, judicial oversight mechanisms are absent, and individuals have no effective remedy for unlawful surveillance. The study argues that current practice is incompatible with the principles of legality, necessity, and proportionality required by international human rights law. Recommendations include the enactment of a national surveillance regulation law, mandatory judicial authorization for interception, and an independent oversight commission for intelligence agencies. Keywords: privacy rights, surveillance, Nigeria, data protection, intelligence agencies.