The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President Godswill Akpabio, challenging the suspension of Senator Natasha Akpoti-Uduaghan. The lawsuit, lodged at the Federal High Court in Abuja, alleges that the senator’s six-month suspension is unlawful and violates her fundamental right to freedom of expression.
The Senate had recently suspended Akpoti-Uduaghan, citing her refusal to move to her newly assigned seat and her decision to speak without permission. The suspension also stripped her of her salary, allowances, and official recognition as a senator.
Legal Challenge to the Suspension
SERAP, a prominent civil society organization advocating for accountability and human rights, is urging the court to issue a mandamus order compelling Akpabio to reverse Akpoti-Uduaghan’s suspension and fully restore her legislative rights, privileges, and entitlements.
The organization is also seeking an order of perpetual injunction to prevent the Senate from taking similar disciplinary actions against her or any other lawmaker for exercising their fundamental rights.
According to SERAP, the application of sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) to justify the suspension is a direct infringement on her rights and an unjust deprivation of her constituents’ political representation.
A Threat to Democratic Values?
SERAP argues that punishing a senator for “speaking without permission” is an attack on democratic principles. The group maintains that lawmakers should not be penalized for expressing their opinions, warning that such actions set a dangerous precedent.
"No one should ever be punished for peacefully expressing their views," SERAP’s legal team stated.
"Senator Akpoti-Uduaghan’s suspension is disproportionate and unnecessary. It also creates a chilling effect on other lawmakers, discouraging them from freely voicing their opinions for fear of retribution."
The suspension, according to SERAP, does not just silence Akpoti-Uduaghan but also disenfranchises the people of Kogi Central Senatorial District, whom she represents. The organization insists that this violates Article 13 of the African Charter on Human and Peoples’ Rights, which guarantees citizens the right to participate in governance through freely chosen representatives.
Nigeria’s Legal and International Obligations
SERAP argues that the Senate Standing Orders cannot override Nigeria’s constitutional and international human rights obligations.
Section 39 of the 1999 Constitution of Nigeria (as amended) explicitly guarantees every individual the right to hold opinions and express them without interference. Similarly, Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights uphold freedom of expression.
Additionally, the Declaration of Principles on Freedom of Expression in Africa states that any restriction on free speech must be legally justified and necessary in a democratic society.
"The Senate should set an example by upholding the rule of law and respecting fundamental freedoms, rather than eroding them," SERAP’s legal team emphasized.
Implications for Nigeria’s Democracy
This legal battle could have far-reaching implications for legislative independence and the protection of free speech in Nigeria. Observers note that the case highlights concerns about the separation of powers and internal democracy within the Senate.
Critics argue that disciplinary measures should not be weaponized to suppress dissent or silence opposing voices in a democratic institution.
With the lawsuit now before the Federal High Court, the judiciary is expected to determine whether the Senate acted within its legal authority or violated constitutional rights.
As of the time of filing this report, no date has been set for the hearing of the case.
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