The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President Akpabio, challenging the suspension of Senator Akpoti-Uduaghan.
They argue the suspension is illegal, violates her rights, and denies her constituents representation. SERAP seeks a court order to overturn the suspension and restore her rights.
The suspension, based on “speaking without permission” and refusing a seat change, is deemed unconstitutional by SERAP.
“Being a senator does not deprive Mrs Akpoti-Uduaghan of her fundamental human rights.
“The Senate should be setting an example by upholding the rule of law and promoting and protecting human rights, not stamping them out,” it said.
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The rights group is also seeking “an order of perpetual injunction restraining the Senate from further suspending or taking any disciplinary action against Mrs Natasha Akpoti-Uduaghan solely for the peaceful exercise of her fundamental human rights.”
SERAP’s legal argument asserts that the suspension of Senator Akpoti-Uduaghan breaches both the Nigerian Constitution and international human rights agreements that Nigeria has ratified.
“Punishing Mrs Akpoti-Uduaghan solely for peacefully expressing herself is unlawful, unnecessary and disproportionate.
“Her suspension would also have a disproportionate chilling effect on the ability of other members of the Senate to express themselves and exercise their human rights freely,” the suit stated.
SERAP’s legal challenge also highlights that the Senate’s rule application to suspend Senator Akpoti-Uduaghan contradicts the constitutionally protected right to freedom of expression.
Essentially, they argue that the Senate’s internal rules, as applied in this case, clash with the fundamental rights guaranteed by the Nigerian Constitution.
“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,” SERAP asserted.
Quoting Article 13 of the African Charter on Human and Peoples’ Rights, SERAP highlights that “every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.”
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The organization argued that “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 own government.”
SERAP also cited the Nigerian Constitution’s Section 39, which guarantees freedom of expression, stating that “every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”
It insisted that the Senate’s actions directly contravene these constitutional protections.
“The Senate Standing Orders 2023 (as amended) should not and cannot set aside Mrs Akpoti-Uduaghan’s right to express herself and disseminate her opinions, which is clearly guaranteed in Section 39 of the Nigerian Constitution 1999 [as amended], and under the human rights treaties to which Nigeria is a state party,” SERAP argued.
The case also raised concerns about the broader implications of silencing lawmakers through disciplinary actions.
“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,” SERAP maintained.
The suit was filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Mrs. Adelanke Aremo.
“No date has been fixed for the hearing,” the release concluded.
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