By Abiola Olawale
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the President of the Senate, Senator Godswill Akpabio over what it termed the alleged failure on the part of the Senate leadership to reverse the suspension of Senator Natasha Akpoti-Uduaghan.
The suit, lodged on March 16, 2025, at the Federal High Court in Abuja, accused Akpabio of allegedly violating due process and constitutional provisions in the handling of Akpoti-Uduaghan’s case.
The organisation also accused the Senate President of allegedly undermining democratic principles and legislative integrity.
SERAP alleged that Akpoti-Uduaghan’s suspension, which was said to have stemmed from internal Senate disputes, lacked transparency and adherence to legal standards outlined in the 1999 Constitution of Nigeria (as amended).
The organisation claimed that the suspension infringes on the senator’s rights and denies her constituents proper representation.
The lawsuit is seeking a court order to compel Akpabio to immediately reinstate Akpoti-Uduaghan and issue a public apology.
The suit also demands that the Senate leadership comply with constitutional procedures in any future disciplinary actions against its members.
The suit marked FHC/ABJ/CS/498/2025 and filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Mrs Adelanke Aremo, read in part: “No member of the Senate should suffer any consequences for peacefully exercising their freedom of expression.”
“Any application of the Senate Standing Orders 2023 by the Senate 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 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 by the provisions of the law.’”
