SERAP has given the Senate a 48-hour deadline to rescind the six-month suspension of Kogi Central Senator, Natasha Akpoti-Uduaghan, SAVANNAH NEWSNOW REPORTS.
In a letter dated March 8, 2025, SERAP, through its Deputy Director Kolawole Oluwadare, threatened legal action to protect the senator’s freedom of expression, a right guaranteed by the constitution and international law, unless the suspension is lifted.
The organization also urged lawmakers to revise parliamentary procedures that infringe on fundamental human rights, emphasizing the need for greater transparency and accountability in the legislative process.
SERAP emphasized that no individual should face punishment for ‘speaking without permission’, as being a Senator does not strip Mrs Akpoti-Uduaghan of her fundamental human rights.
The organisation argued that punishing the Senator solely for peacefully expressing herself was unlawful, unnecessary, and disproportionate, as her suspension would also have a chilling effect on other Senate members’ ability to express themselves freely and exercise their human rights. It stressed that any application of the Senate Standing Orders of 2023 must align with constitutional and international human rights norms and standards related to freedom of expression, without compromising that right.
SERAP maintained that the suspension of Mrs Akpoti-Uduaghan for peacefully exercising her right to freedom of expression has undermined her ability to effectively contribute to Senate discussions.
The organisation also emphasized that senators should not face repercussions for peacefully exercising their freedom of expression, as a higher degree of tolerance is expected for political speech, particularly when directed at government officials or fellow senators.
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.
