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SERAP Sues Akpabio Over ‘Unlawful Suspension’ of Senator Natasha Akpoti-Uduaghan

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President Godswill Akpabio over the suspension of Senator Natasha Akpoti-Uduaghan, describing the action as a violation of her fundamental human rights. The suit, filed at the Federal High Court in Abuja, seeks to reverse the suspension and restore Akpoti-Uduaghan’s legislative rights, entitlements, and privileges.

Background of the Suspension

Senator Natasha Akpoti-Uduaghan, representing Kogi Central Senatorial District, was suspended by the Senate for six months after she reportedly “spoke without permission” and “refused her new seat in the Senate chamber.” Her salary and allowances have been withheld for the duration of the suspension, and she has been barred from identifying herself as a senator.

The suspension has sparked widespread criticism, with SERAP arguing that it is a punitive measure for Akpoti-Uduaghan’s peaceful exercise of her right to freedom of expression.

SERAP’s Legal Action

In the suit numbered FHC/ABJ/CS/498/2025, SERAP is seeking several reliefs, including:

  1. An order of mandamus to compel Senate President Akpabio to rescind the suspension, reinstate Akpoti-Uduaghan, and restore all her legislative rights, entitlements, and privileges.
  2. An order of perpetual injunction restraining the Senate from further suspending or taking disciplinary action against Akpoti-Uduaghan solely for exercising her fundamental human rights.
  3. A declaration that the application of sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) to suspend Akpoti-Uduaghan violates her human rights and deprives her constituents of their right to political participation.

SERAP’s Arguments

SERAP, represented by its lawyers Kolawole Oluwadare and Mrs. Adelanke Aremo, argued that the suspension is unlawful, unnecessary, and disproportionate. The organization emphasized that no one should be punished for “speaking without permission” and that being a senator does not deprive Akpoti-Uduaghan of her fundamental human rights.

“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 freely express themselves and exercise their human rights,” SERAP stated.

The organization also highlighted the broader implications of the suspension, noting that it restricts the ability of Akpoti-Uduaghan’s constituents to effectively participate in their own government.

Legal and Human Rights Framework

SERAP cited several legal and human rights instruments to support its case, including:

  • Section 39 of the Nigerian Constitution (1999, as amended), which guarantees the right to freedom of expression.
  • Article 13 of the African Charter on Human and Peoples’ Rights, which ensures the right to participate freely in government.
  • Article 19 of the International Covenant on Civil and Political Rights, which establishes the right to freedom of opinion and expression.

SERAP argued that any restrictions on freedom of expression must be provided by law, serve a legitimate interest, and be necessary in a democratic society. The organization stressed that the Senate Standing Orders 2023 (as amended) cannot override Akpoti-Uduaghan’s constitutional and human rights.

Implications for Democracy and Governance

The suspension of Senator Akpoti-Uduaghan has raised concerns about the state of democracy and governance in Nigeria. Critics argue that the action undermines the principles of free speech and political participation, which are essential for a functioning democracy.

SERAP’s lawsuit seeks to hold the Senate accountable for its actions and ensure that legislative bodies uphold the rule of law and respect human rights. The outcome of the case could set a precedent for how similar disputes are handled in the future.

Conclusion

The lawsuit filed by SERAP against Senate President Godswill Akpabio underscores the importance of protecting fundamental human rights, including freedom of expression, within Nigeria’s legislative institutions. As the case proceeds, it will be closely watched for its potential to reinforce democratic principles and ensure accountability in governance.

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