The Socio-Economic Rights and Accountability Project (SERAP) has officially filed a lawsuit against Senate President Godswill Akpabio over the controversial six-month suspension of Senator Natasha Akpoti-Uduaghan, arguing that the decision is unconstitutional and violates democratic principles.
SERAP, in its suit filed at the Federal High Court in Abuja, is seeking judicial intervention to overturn the suspension, stating that it deprives Akpoti-Uduaghan’s constituents in Kogi Central of fair representation in the Nigerian Senate. The group insists that the suspension is politically motivated and amounts to a violation of fundamental human rights.
The rights advocacy organization had previously urged Senate President Akpabio to reverse the suspension or risk facing legal action. After Akpabio declined to act, SERAP, through its Deputy Director, Kolawole Oluwadare, proceeded with the lawsuit and made an official announcement on Sunday regarding the legal challenge.
The case, identified as FHC/ABJ/CS/498/2025, seeks an order from the court to compel Akpabio to reinstate Akpoti-Uduaghan and fully restore her legislative rights, privileges, and entitlements. The legal action also aims to prevent similar suspensions of lawmakers in the future.
Senate’s Justification and SERAP’s Counterarguments
Senator Natasha Akpoti-Uduaghan was suspended following allegations that she spoke without permission and refused to comply with an order to switch her Senate chamber seat. The Senate leadership justified the action, claiming it was in line with internal disciplinary rules.
However, SERAP strongly disagrees, maintaining that the suspension lacks constitutional backing and infringes on the rights of both the senator and her constituents. The organization condemned the decision, emphasizing that “no one should be punished for merely speaking without permission in a democratic institution.”
“The Senate should be a symbol of democracy, where lawmakers are allowed to express their views without fear of retribution. This suspension sends a dangerous message that dissent is not tolerated, which is unacceptable in a democratic society,” SERAP stated.
SERAP also pointed out that the suspension prevents Akpoti-Uduaghan from participating in legislative activities, effectively silencing her voice in the Senate and withholding her salary and allowances. The rights group argues that such disciplinary measures undermine democratic representation.
[/p]Legal Grounds for SERAP’s Lawsuit
In its submission to the Federal High Court, SERAP argues that the Senate’s application of Sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) contradicts provisions of the Nigerian Constitution that safeguard freedom of speech and political participation.
The group specifically references Article 13 of the African Charter on Human and Peoples’ Rights, which upholds the right of citizens to participate freely in government through elected representatives. SERAP asserts that the suspension of Akpoti-Uduaghan denies her constituents this fundamental right.
Additionally, Section 39 of the Nigerian Constitution guarantees every citizen’s right to freedom of expression, including the right to disseminate and receive information. SERAP contends that the Senate’s disciplinary action violates this constitutional right and sets a dangerous precedent.
“The unlawful restriction of Mrs. Akpoti-Uduaghan’s right to freedom of expression has indirectly violated Nigerians’ right to receive information and ideas and has seriously undermined the right of her constituency to political participation,” the lawsuit argues.
SERAP further warns that such actions could have broader implications, discouraging lawmakers from speaking out on critical issues for fear of punitive measures. The organization insists that the Senate should uphold the principles of free speech and political discourse, rather than stifling them.
[/p]Seeking Court Orders to Reinstate Akpoti-Uduaghan
In addition to demanding Akpoti-Uduaghan’s reinstatement, SERAP is also requesting an order from the court that would permanently prohibit the Senate from suspending any lawmaker for expressing their views. The group argues that legislative bodies should encourage debate and diverse perspectives rather than punishing dissenting voices.
[/p]“A higher degree of tolerance is expected when it is political speech, and an even higher threshold is required when it is directed towards government officials, including members of the Senate,” SERAP stated in the lawsuit.
SERAP’s legal team, led by Kolawole Oluwadare and Adelanke Aremo, formally submitted the case on behalf of the organization. The group remains confident that the court will rule in favor of Akpoti-Uduaghan, reinforcing the importance of free speech in Nigeria’s democratic institutions.
As of now, no date has been set for the court hearing, but the case has already sparked widespread debate among Nigerians, with many closely watching the outcome.