More Trouble For Akpabio As SERAP Sues Him For “Refusal To Reverse “Unlawful Suspension” Of Natasha

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Godswill Akpabio for his refusal to reverse what it described as the “patently unlawful suspension” of Senator Natasha Akpoti-Uduaghan.

SERAP noted that the unlawful suspension was based solely on the peaceful exercise of Natasha’s right to freedom of expression.

Akpabio is sued for himself and on behalf of all members of the Senate following the recent suspension he led members of the Upper Chamber of the National Assembly to slam on Senator Akpoti-Uduaghan for six months, for speaking on the floor of the Senate without permission and her refusal to take her new seat in the Senate.

In a drastic move, the Senate resolved that her salary and allowances would be withheld for the duration of the suspension, and was also barred from identifying herself as a senator both in Nigeria and internationally.

But, in the suit with number FHC/ABJ/CS/498/2025 filed last Friday, March 14, 2024 at the Federal High Court, Abuja, SERAP is seeking for “an order of mandamus to direct and compel Akpabio to rescind the unlawful suspension of Senator Natasha Akpoti-Uduaghan, reinstate her, and fully restore all her legislative rights, entitlements, and privileges.”

It is also seeking; “an order of perpetual injunction restraining the Senate from further suspending or taking any disciplinary action against Senator Natasha Akpoti-Uduaghan solely for the peaceful exercise of her fundamental human rights.”

Other prayers by SERAP included; “a declaration that the application of sections 6(1)(2) of the Senate Rules, the Senate Standing Orders 2023 (as amended), to suspend Senator Natasha Akpoti-Uduaghan violates her human rights and deprives her constituents of their right to political participation.

“Granting this application would serve the public interest and promote respect for the rights of everyone in the National Assembly.

“No one should ever be punished for ‘speaking without permission’. Being a senator does not deprive 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.

“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,” it said.

SERAP specifically said that Senator Akpoti-Uduaghan’s suspension was based solely on the peaceful exercise of her right to freedom of expression in the Senate, stressing that all the other grounds cited by the Senate for her suspension seem to be a pretext to further restrict her fundamental human rights.

It also said that suspending Akpoti-Uduaghan for peacefully exercising her right to freedom of expression has made her opinion in the Senate ineffective.

The suit which was filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Mrs Adelanke Aremo, states; “No member of the Senate should suffer any consequences for peacefully exercising their freedom of expression.

It further said; “Any application of the Senate Standing Orders 2023 must conform with constitutional and international human rights norms and standards relating to freedom of expression and should not jeopardise the right itself.

“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.

“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.

“Given the impracticality of direct participation of all citizens, article 13 of the African Charter on Human and Peoples’ Rights provides that a citizen shall exercise political power either directly or through freely chosen representatives.

“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.

“The Senate has the obligations to uphold the rule of law and the provisions of section 39 of the Nigerian Constitution and Nigeria’s obligations under article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights.

“Section 39 of the Nigerian Constitution 1999 [as amended] provides that, ‘(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.’

“Under Article 9 of the African Charter on Human and Peoples’ Rights: ‘1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the law.’

“Article 9 (1) and (2) are substantively similar because the right ‘to receive information’ is derived from the ‘right to express and disseminate’ one’s opinions.

“The Declaration of Principles on Freedom of Expression in Africa, in Principle II (2) provides that ‘any restrictions on freedom of expression shall be provided for by law, serve a legitimate interest and be necessary and in a democratic society’.

“Article 13 of the African Charter on Human and Peoples’ Rights provides 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.’

“The right to express one’s opinion is of paramount importance, not only because it oils the engine of a representative democracy but also because it creates a free and open environment.

“The right to freedom of expression is a fundamental individual human right which is also a cornerstone of democracy and a means of ensuring the respect for all human rights and freedoms.

“The Human Rights Council, the body charged with monitoring implementation of the International Covenant on Civil and Political Rights has stressed that any limitations or restrictions to freedom of expression should be applied strictly so that they do ‘not put in jeopardy the right itself.’

“Article 19(1) of the Covenant establishes the right to freedom of opinion without interference. Article 19(2) establishes the Senate’s obligations to respect and ensure ‘the right to freedom of expression,’ which includes the freedom to seek, receive and impart information and ideas of all kinds, either orally or in writing.

“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,” it said.

No date has been fixed for the hearing of the suit.