The Socio-Economic Rights and Accountability Project (SERAP) has taken Senate President Godswill Akpabio to court over the suspension of Senator Natasha Akpoti-Uduaghan, describing it as “patently unlawful.”
Filed at the Federal High Court in Abuja, the lawsuit seeks to overturn the six-month suspension, arguing that it violates Akpoti-Uduaghan’s fundamental rights and deprives her constituents of representation.
SERAP had earlier warned Akpabio to reverse the suspension or face legal action. The lawsuit was confirmed in a statement on Sunday, March 16, by SERAP’s Deputy Director, Kolawole Oluwadare.
The group is asking the court to issue “an order of mandamus to direct and compel Mr Akpabio to rescind the unlawful suspension of Mrs Natasha Akpoti-Uduaghan, reinstate her, and fully restore all her legislative rights, entitlements, and privileges.”
Akpoti-Uduaghan was suspended for allegedly “speaking without permission” and refusing to accept a reassigned seat in the Senate chamber. The suspension not only bars her from participating in legislative activities but also withholds her salary and allowances.
SERAP insists the action is unconstitutional, stating, “No one should ever be punished for ‘speaking without permission.’”
“Being a senator does not deprive Mrs Akpoti-Uduaghan of her fundamental human rights. The Senate should be setting an example by upholding the rule of law and promoting and protecting human rights, not stamping them out,” the organisation stated.
The lawsuit also seeks “an order of perpetual injunction restraining the Senate from further suspending or taking any disciplinary action against Mrs Natasha Akpoti-Uduaghan solely for the peaceful exercise of her fundamental human rights.”
SERAP contends that the suspension violates the Nigerian Constitution and international human rights treaties to which Nigeria is a signatory.
“Punishing Mrs Akpoti-Uduaghan solely for peacefully expressing herself is unlawful, unnecessary, and disproportionate. Her suspension would also have a disproportionate chilling effect on the ability of other members of the Senate to express themselves and exercise their human rights freely,” the suit states.
READ ALSO: SERAP to Akpabio: Revoke Akpoti-Uduaghan’s Suspension or Face Court Action
It further argues that the Senate’s reliance on its rules to justify the suspension contradicts constitutional guarantees of free speech.
“The unlawful restriction of Mrs Akpoti-Uduaghan’s right to freedom of expression has indirectly violated Nigerians’ right to receive information and ideas and seriously undermined the right of her constituency to political participation,” SERAP asserted.
Quoting Article 13 of the African Charter on Human and Peoples’ Rights, the organisation maintains that “every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.”
It further argued that “the suspension of Senator Akpoti-Uduaghan from the Senate has restricted and seriously undermined the ability of the residents of her Kogi Central Senatorial District to effectively participate in their own government.”
SERAP also cited Section 39 of the Nigerian Constitution, which guarantees freedom of expression, insisting that “every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”
According to the group, the Senate’s actions are in direct violation of these protections.
“The Senate Standing Orders 2023 (as amended) should not and cannot set aside Mrs Akpoti-Uduaghan’s right to express herself and disseminate her opinions, which is clearly guaranteed in Section 39 of the Nigerian Constitution 1999 [as amended], and under the human rights treaties to which Nigeria is a state party,” SERAP argued.
The lawsuit also raises concerns about the wider implications of silencing lawmakers through disciplinary measures.
“A higher degree of tolerance is expected when it is a political speech and an even higher threshold is required when it is directed towards government officials including members of the Senate,” SERAP maintained.
Filed by SERAP’s lawyers, Kolawole Oluwadare and Adelanke Aremo, the case is yet to be assigned a hearing date.