Following the suspension of Sen. Natasha Akpoti-Uduaghan, which it deemed ‘patently unlawful,’ the Socio-Economic Rights and Accountability Project (SERAP) has dragged Senate President Godswill Akpabio to a Federal High Court in Abuja.
SERAP is seeking to overturn the senator’s six-month suspension, arguing that it violates her fundamental rights and denies her constituents representation in the nation’s Upper Chamber.
Persecondnews recalls that in an open letter dated March 8, 2025, signed by its Deputy Director, Kolawole Oluwadare, the organisation urged Akpabio to immediately reverse suspension, threatening legal action if he failed to comply.
For failing to comply, SERAP announced the lawsuit in a Sunday press statement shared by its Deputy Director, Kolawole Oluwadare, titled, “SERAP sues Akpabio over failure to reverse the unlawful suspension of Natasha Akpoti”.
In the lawsuit, filed as FHC/ABJ/CS/498/2025, SERAP is asking the court for “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.”
Persecondnews reported that the Senator was on March 6 suspended by the Senate for violating its rules, including refusing to accept her new seat and speaking without being recognized.
The suspension was reportedly due to her “total violation of the Senate Standing Orders 2023 as amended” and unparliamentary conduct during plenary.
The suspension not only bars her from participating in Senate activities but also withholds her salary and allowances.
However, SERAP maintains that the suspension is unconstitutional, asserting that “no one should ever be punished for ‘speaking without permission.’
It stated: “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.
“We are seeking 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 also contended that the suspension is a violation of the Nigerian Constitution and international human rights treaties to which Nigeria is a signatory.
The suit stated: “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.”
SERAP argued that the Senate’s decision to suspend Akpoti-Uduaghan based on Sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) directly clashes with constitutional provisions that safeguard freedom of expression.
It asserted: “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.”
Citing Article 13 of the African Charter on Human and Peoples’ Rights, SERAP emphasized 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.”
SERAP contended 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 referenced Section 39 of the Nigerian Constitution, which safeguards the right to freedom of expression, noting 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.”
It insisted that the Senate’s actions directly contravene these constitutional protections.
It argued: “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.”
The case also raised concerns about the broader implications of silencing lawmakers through disciplinary actions.
“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.
The lawsuit was filed by Mr. Kolawole Oluwadare and Mrs. Adelanke Aremo, on the organization’s behalf.
However, no date has been fixed for the hearing of the suit.
The disagreement between Senate President Godswill Akpabio and Sen. Natasha began on Thursday, February 20, after her seat was reassigned due to a reshuffle caused by opposition members defecting to the majority wing without prior information.
She declined to move to her newly assigned seat, sparking a heated debate.
Persecondnews had reported that the Senate, after reviewing the report of its Committee on Ethics, Privileges, and Public Affairs regarding Natasha’s conduct, imposed a six-month suspension on her on Thursday, March 6, 2025.
The committee recommended that her salary and security details should be withdrawn during the six-month suspension period.
It was also recommended that she should not be seen anywhere around the National Assembly during the period.
The suspension, which a majority of senators voted to uphold, was announced by Akpabio himself during a plenary session.
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