EXAMINING THE CONSTITUTIONAL LIMITS OF DIGITAL SURVEILLANCE UNDER NIGERIA'S CYBERCRIME FRAMEWORK

There is no doubt that the rapid expansion of digital technologies has transformed the nature of criminal investigation, enabling the Nigerian State to deploy somewhat indiscreet surveillance mechanisms in the fight against cybercrime and national security threats. The basis of the intrusive approach lies in the fact that the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (as amended in 2024) grants law enforcement agencies significant powers relating to interception of communications, data retention, real-time monitoring, and subscriber information disclosure. While these powers are justified on grounds of security and economic protection, they raise profound constitutional concerns under Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as altered), which guarantees the right to privacy. This article examines the extent of these powers under the various statutes and interrogates whether these statutory provisions sufficiently comply with constitutional safeguards, the proportionality doctrine, and international human rights standards. The article further evaluates the adequacy of judicial oversight, procedural safeguards, and institutional accountability mechanisms. Methodically, the article undertakes a doctrinal and constitutional analysis of Nigeria’s cyber surveillance regime, interrogating statutory architecture and. drawing comparative insights from the United Kingdom and South Africa. The study found that Nigeria’s current framework tilts excessively toward executive discretion, with insufficient structural guarantees against abuse. Particularly, the study found the although constitutional guarantees exist, they are not developed into the fabric of enforcement. There are no statutory thresholds to support the provisions or guarantees and hence there is room of use of discretion. The study therefore recommended clearer warrant standards, enhanced judicial supervision, legislative refinement of the various statutes, and stronger data protection integration to ensure a constitutionally compliant cyber-security regime.