SERAP Threatens Lawsuit Against Senate Over Akpoti-Uduaghan’s Suspension

The Socio-Economic Rights and Accountability Project (SERAP) has threatened to drag the Senate to court if it refuses to lift the six-month suspension imposed on Kogi Central Senator, Natasha Akpoti-Uduaghan, within 48 hours.

SERAP said it will take legal action to defend Senator Akpoti-Uduaghan’s constitutionally and internationally recognised right to freedom of expression.

The civil society organisation, which made the threat in an open letter dated March 8, 2025, and signed by its Deputy Director, Kolawole Oluwadare, also called on the lawmakers to revise parliamentary procedures that unduly restrict their human rights.

SERAP stated that no one should ever be punished for ‘speaking without permission’ because being a Senator does not deprive Mrs Akpoti-Uduaghan of her fundamental human rights.

The organisation maintained that punishing the Senator solely for peacefully expressing herself was unlawful, unnecessary, and disproportionate because her suspension will also create a chilling effect on the ability of other Senate members to freely express themselves and exercise their human rights.

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It stated that any application of the Senate Standing Orders of 2023 must conform with constitutional and international human rights norms and standards related to freedom of expression and should not jeopardise that right.

SERAP further insisted that the suspension of Mrs Akpoti-Uduaghan for peacefully exercising her right to freedom of expression has rendered her opinions in the Senate ineffective.

The organisation also stressed that no member of the Senate should face repercussions for peacefully exercising their freedom of expression because a higher degree of tolerance is expected for political speech, particularly when directed at government officials, including members of the Senate.

SERAP stated, “The unlawful restriction of Mrs Akpoti-Uduaghan’s right to freedom of expression has indirectly violated Nigerians’ right to receive information and ideas and severely undermined her constituency’s right to political participation.

“Given the impracticality of direct participation by all citizens, Article 13 of the African Charter on Human and Peoples’ Rights states 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 significantly undermined the ability of residents in her Kogi Central Senatorial District to effectively participate in their own government. Therefore, this suspension constitutes a violation of Article 13 provisions.

“The Senate has the obligation to uphold the rule of law and the provisions of Section 39 of the Nigerian Constitution, along with Nigeria’s commitments 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] states: ‘(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. Everyone shall have the right to express and disseminate their opinions within the law.

“Articles 9(1) and 9(2) are substantially similar, as 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), states that ‘any restrictions on freedom of expression shall be provided for by law, serve a legitimate interest, and be necessary 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 their country, either directly or through freely chosen representatives,” SERAP stated.