“Six-Month Suspension”: Constituents File Rights Suit Against Senate For Denying Senator Natasha Akpoti-Uduaghan Representation
A group of ten concerned citizens from Kogi Central Senatorial District has filed a fundamental rights suit against the Senate President and the Senate at the Federal High Court in Abuja, challenging the six-month suspension of their elected representative, Senator Natasha Akpoti-Uduaghan.
The legal action, spearheaded by prominent human rights lawyer Femi Falana, SAN, accuses the Senate of violating the applicants’ right to participate freely in Nigeria’s government, as guaranteed under Article 13(1) of the African Charter on Human and Peoples’ Rights.
The suit, filed on April 4, 2025, lists Hon. Ovavu Iliyasu, Isah Otini, Onivehu Musa Amoto, and seven others as applicants, representing the interests of Kogi Central’s constituents. They argue that the suspension, imposed on March 6, 2025, denies them representation in the Senate, leaving the district’s five local government areas voiceless in national debates for half a year. Supported by an affidavit from Megida Lukman Sadiq, a voter from Okene, the applicants claim that the Senate’s actions infringe on their democratic rights and lack legal justification.
What They’re Asking For
The applicants are seeking eight reliefs, including:
Falana’s legal team contends that the suspension not only breaches the applicants’ rights but also undermines the constitutional framework ensuring equal representation, as outlined in Sections 14, 64, and 77 of the 1999 Constitution. They cite precedents like Speaker, Bauchi State House of Assembly v. Hon. Rifkatu Samson Danna (2017) and Elder Dr. Friday Sani v. Kogi State House of Assembly (2019), where courts ruled against legislative suspensions, arguing that lawmakers, unlike employees, cannot be arbitrarily sidelined.
According to court documents, the Senate suspended Senator Akpoti-Uduaghan, a Peoples Democratic Party (PDP) member, on March 6, 2025, barring her from legislative duties, withdrawing her security aides, halting her allowances, and denying her access to her National Assembly office. The applicants allege that this move has left Kogi Central unrepresented, shortchanging not just their district but the entire federation, given Akpoti-Uduaghan’s noted contributions to national discourse.
The affidavit highlights past judicial rulings declaring similar suspensions of Senators Ali Ndume (2017) and Ovie Omo-Agege (2018) unconstitutional, reinforcing the applicants’ claim that the Senate overstepped its authority. “This is an injustice to us and hundreds of thousands of constituents,” Sadiq deposed, urging the court to intervene.
In their written address, Falana’s team argues that Article 13(1) of the African Charter—enshrined in Nigerian law—guarantees citizens the right to participate in governance through elected representatives. They assert that suspending Akpoti-Uduaghan disrupts this right, likening it to annulling an election, a violation previously condemned by the African Commission in Zamani Lakwot v. Nigeria (1993). The address also invokes Abraham Lincoln’s definition of democracy—“government of the people, by the people, for the people”—to underscore that the Senate’s action contradicts democratic ideals.
The applicants further contend that the Senate’s rules cannot override the Constitution’s supremacy, as affirmed in cases like Nigercare Development Co. Ltd v. Adamawa State Water Board (2008). They argue that even if Akpoti-Uduaghan committed an infraction, suspension is not a lawful remedy, leaving Kogi Central underrepresented in a body constitutionally mandated to have 109 senators.
The Federal High Court has yet to fix a hearing date.
