SERAP sues Akpabio over Natasha suspension

The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against Senate President Godswill Akpabio, challenging the six-month suspension of Senator Natasha Akpoti-Uduaghan, which it describes as “patently unlawful.”

In a lawsuit filed at the Federal High Court in Abuja, SERAP is seeking an order to overturn the suspension, arguing that it violates Akpoti-Uduaghan’s fundamental rights and denies her Kogi Central constituents their rightful representation.

SERAP had earlier urged Akpabio to reverse the decision or face legal consequences. After he failed to act, the rights group, through its Deputy Director, Kolawole Oluwadare, confirmed the suit, numbered FHC/ABJ/CS/498/2025.

SERAP’s Legal Demands

The organization is asking the court to issue:

An order of mandamus compelling Akpabio to rescind the suspension and fully restore Akpoti-Uduaghan’s legislative rights, entitlements, and privileges.

A perpetual injunction preventing the Senate from suspending or disciplining her in the future solely for exercising her fundamental rights.

The Senate’s Justification vs. SERAP’s Position

Akpoti-Uduaghan was suspended for allegedly “speaking without permission” and refusing to accept a reassigned seat in the Senate chamber. The suspension not only bars her from participating in legislative duties but also withholds her salary and allowances.

SERAP, however, insists the decision is unconstitutional, violating both the Nigerian Constitution and international human rights treaties.

“No one should ever be punished for ‘speaking without permission.’ The Senate should be setting an example by upholding the rule of law and protecting human rights, not violating them,” SERAP stated.

Legal Basis for the Lawsuit

SERAP argues that applying Sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) contradicts constitutional provisions on free speech.

It cites:

Article 13 of the African Charter on Human and Peoples’ Rights, which guarantees citizens the right to participate in governance through freely chosen representatives.

Section 39 of the Nigerian Constitution, which ensures freedom of expression and the right to receive and impart information without interference.

SERAP asserts that silencing Akpoti-Uduaghan violates Nigerians’ right to information and undermines democratic participation in her constituency.

“The unlawful restriction of Mrs. Akpoti-Uduaghan’s right to freedom of expression has indirectly violated Nigerians’ right to receive information and has seriously undermined the right of her constituency to political participation,” the lawsuit states.

The group also warns that penalizing lawmakers for their speech could create a dangerous precedent, stifling free expression in Nigeria’s democracy.

“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 maintained.

The case was filed by SERAP’s legal team, led by Kolawole Oluwadare and Adelanke Aremo. No date has been set for the hearing.