SERAP sues Akpabio over suspension of Senator Natasha Akpoti-Uduaghan

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Mr. Godswill Akpabio, over the Senate’s decision to suspend Senator Natasha Akpoti-Uduaghan.

The organization contends that the suspension is “patently unlawful” and violates her right to freedom of expression.

The Senate recently suspended Senator Akpoti-Uduaghan for six months following allegations that she “spoke without permission” and “refused her new seat in the Senate chamber.”

As part of the punitive measures, her salary and allowances have been withheld, and she has been barred from identifying herself as a senator during the suspension period.

Mr. Akpabio is being sued in his capacity as Senate President and on behalf of all members of the Senate.

The lawsuit, filed last Friday at the Federal High Court in Abuja under suit number FHC/ABJ/CS/498/2025, seeks an order of mandamus to compel Mr. Akpabio to reverse the suspension and reinstate Senator Akpoti-Uduaghan with full legislative rights, entitlements, and privileges.

Additionally, SERAP is requesting a perpetual injunction to prevent the Senate from taking any future disciplinary action against her solely for exercising her fundamental human rights.

SERAP also seeks a declaration that applying sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) to suspend Akpoti-Uduaghan is unconstitutional and deprives her constituents of their right to political participation.

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SERAP argues that punishing Senator Akpoti-Uduaghan for “speaking without permission” is unlawful and undermines democracy. “Being a senator does not deprive Mrs. Akpoti-Uduaghan of her fundamental human rights,” the group asserted. “The Senate should be setting an example by upholding the rule of law and protecting human rights, not suppressing them.”

The organization further argues that her suspension has a chilling effect on other senators, discouraging them from freely expressing their views. “Her suspension will discourage other members from speaking freely and engaging in meaningful legislative debate,” SERAP stated.

SERAP warns that the suspension not only violates Akpoti-Uduaghan’s right to freedom of expression but also disenfranchises her constituents. “The unlawful restriction of her rights indirectly violates Nigerians’ right to receive information and ideas, thus seriously undermining political participation,” the lawsuit states.

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Citing Article 13 of the African Charter on Human and Peoples’ Rights, SERAP emphasizes that citizens must exercise political power either directly or through freely chosen representatives. “By suspending Senator Akpoti-Uduaghan, the Senate has curtailed the ability of residents in Kogi Central Senatorial District to participate effectively in governance,” SERAP argued.

SERAP highlights multiple legal frameworks that guarantee freedom of expression, including:

Section 39 of the Nigerian Constitution (1999, as amended): Guarantees every person the right to freedom of expression, including holding opinions and receiving and imparting information without interference.

Article 9 of the African Charter on Human and Peoples’ Rights: Establishes individuals’ right to receive and disseminate information.

Article 19 of the International Covenant on Civil and Political Rights: Mandates the protection of freedom of opinion and expression.

The lawsuit asserts that any limitations on free speech must be lawful, necessary, and proportionate. “Any restrictions must align with international human rights norms and must not undermine the right itself,” SERAP stated.

The organization further argues that political speech should be afforded the highest level of protection, especially when directed at government officials. “A higher degree of tolerance is expected in political speech, and an even higher threshold is required when addressing government officials, including members of the Senate,” SERAP contended.

SERAP insists that the Senate’s Standing Orders cannot override constitutional and international human rights protections. “The Standing Orders of the Senate cannot be used as a tool to silence dissent. They must conform with Nigeria’s constitutional obligations and international legal commitments,” the lawsuit states.