The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against Senate President Godswill Akpabio over what it describes as the “patently unlawful” suspension of Senator Natasha Akpoti-Uduaghan.
The suit, filed at the Federal High Court in Abuja, seeks to overturn the six-month suspension, which SERAP argues violates the senator’s fundamental rights and deprives her constituents of representation.
Last week, SERAP had urged Akpabio to immediately reverse Akpoti-Uduaghan’s suspension or face legal consequences.
The organization followed through on its warning, as confirmed in a Sunday press release shared with PUNCH Online by SERAP’s Deputy Director, Kolawole Oluwadare.
Titled “SERAP sues Akpabio over failure to reverse the unlawful suspension of Natasha Akpoti”, the release announced that the suit with the number FHC/ABJ/CS/498/2025, seeks “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’s suspension stemmed from allegations that she “spoke without permission” and refused to comply with her 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, however, argues that this action is unconstitutional, stating that “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 organization stated.
Beyond seeking reinstatement, SERAP is also asking the court for “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.”
In its legal argument, 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 stated.
SERAP also argues that applying Sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) to suspend Akpoti-Uduaghan conflicts with constitutional provisions protecting freedom of expression.
“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.
Citing Article 13 of the African Charter on Human and Peoples’ Rights, the organization 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 argues 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.”
Additionally, SERAP references Section 39 of the Nigerian Constitution, which guarantees freedom of expression, stating 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 organization, the Senate’s actions directly violate these constitutional rights.
“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 case also raises concerns about the broader implications of punishing lawmakers for expressing dissent.
“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 on behalf of SERAP by its legal representatives, Kolawole Oluwadare and Mrs. Adelanke Aremo.
“No date has been fixed for the hearing,” the statement concluded.
