Human rights lawyer Femi Falana (SAN) has warned the Senate and security agencies against investigating Senator Natasha Akpoti-Uduaghan over her recent trip to New York, stating that such actions could bring unnecessary embarrassment to the country.
Falana’s statement comes amid controversy surrounding Akpoti-Uduaghan’s engagement with the Inter-Parliamentary Union (IPU) regarding her suspension from the Senate.
Senator Akpoti-Uduaghan earlier reported her suspension by the Senate, as well as her case against Senate President Akpabio, to the IPU.
The Kogi Central lawmaker described the Senate’s action as “illegal” and a reflection of the challenges women face in Nigeria.
Thereafter, Akpabio accused the senator of disgracing the Nigerian government by taking the issue to an international platform.
Meanwhile, Senator Akpoti-Uduaghan has alleged that plans are being made to arrest her upon her return to Nigeria after attending the IPU meeting in New York.
However, Falana in a statement on Sunday, countered this claim, asserting that the real embarrassment lies in the Senate’s decision to involve security agencies like the Department of State Services (DSS) and the National Intelligence Agency (NIA) in probing a legislative matter.
He urged these agencies to study the case of political exiles under the late dictator Sani Abacha before embarking on what he described as a “futile attempt” to penalise Akpoti-Uduaghan.
The human rights lawyer also pointed out the irony in the Senate’s stance, noting that several top officials in President Bola Tinubu’s administration had, in the past, travelLed abroad to challenge Nigeria’s military rulers.
He warned that any probe into Akpoti-Uduaghan’s trip could revive discussions about those past incidents and further expose Nigeria to global scrutiny.
Recalling his own ordeal, Falana recounted how, in 1994, Dr. Beko Ransome-Kuti, then Chairman of the Campaign for Democracy (CD), traveLled to India to attend a meeting of the Commonwealth Human Rights Initiative. At the time, he was the only African member of the body.
Falana explained that around the same period, Ransome-Kuti travelled to Canada to deliver lectures on Nigeria’s human rights situation. While in Canada, he received an award on behalf of the CD.
Upon their return to Nigeria on January 14, 1995, both men were arrested and detained at the Nigeria Immigration Service Guest House in Ikoyi, Lagos.
According to Falana, a combined team from the State Security Service (SSS), the NIA, and the Nigeria Immigration Service interrogated them, accusing them of traveLling out of Nigeria illegally, as they had not passed through official routes.
It was further stated that we ought to have obtained security clearance since we were aware that our names were on a ‘watch list’ compiled by the security forces,” Falana said.
He argued that the so-called watch list was discriminatory and illegal, citing the case of Shugaba v Minister of Internal Affairs, in which the Court of Appeal ruled that a Nigerian citizen has the right to enter and exit the country freely.
He noted that at that stage, security agents demanded that they surrender their passports.
However, Falana and Ransome-Kuti refused, fearing their documents would be confiscated to prevent further travel. They informed the interrogators that their passports were kept with a comrade in Cotonou, Benin Republic, which had become their alternative travel route.
He explained that the security officials confirmed through airport, seaport, and land border checks that the two men had not presented their passports to immigration officers for stamping.
Falana responded that, daily, over a million Nigerians travel across the artificial borders created by colonial powers without stamping their passports, particularly within the Economic Community of West African States (ECOWAS).
Due to mounting international pressure demanding their release, the military government eventually granted them bail.
However, their lawyer, Chief Gani Fawehinmi, stood as surety.
Although they were detained for a week, they were never formally charged with any offence related to “illegal travel.”
The statement read, “In 1994, Dr. Beko Ransome-Kuti, the Chairman of the Campaign for Democracy (CD) travelled to India to attend the meeting of the Commonwealth Human Rights Initiative. At the material time, he was the only African member of the international body. At about the same time, I travelled to Canada to deliver some lectures on the human rights situation in Nigeria. During my stay in Canada, I received an award on behalf of the CD.
“Upon our return to Nigeria on January 14, 1995, both of us were arrested and kept at the Nigeria Immigration Service Guest House at Ikoyi, Lagos State. A combined team of State Security Service, Nigeria Intelligence Agency and Nigeria Immigration Service personnel interrogated us. We were accused of travelling out of Nigeria illegally as we did not pass through any of the official routes.
“It was further stated that we ought to have obtained security clearance since we were aware that our names were on the “watch list” compiled by the security forces. I pointed out to the interrogators that the so-called watch list was discriminatory and illegal. I referred to the case of Shugaba v Minister of Interior wherein the Court of Appeal had ruled that a Nigerian citizen has the right of egress and ingress.
“At that stage, we were asked to produce and submit our passports. We flatly turned down the request on the ground that they were likely to be confiscated to prevent us from further exercising our fundamental right to freedom of movement guaranteed by article 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
“Indeed, we informed our interrogators that the passports were kept in the house of a comrade in Cotonou, Benin Republic which was our adopted route for travelling out of Nigeria.
“Our interrogators said that they had confirmed from the airports, seaports and land borders that we did not present our passports to immigration officers for stamping. We replied that on a daily basis, over a million Nigerian people travel in and out of Nigeria without stamping their passports in the artificial borders created by the British and French colonialists which are maintained by the neo-colonialists in power; in the member states of the Economic Community of West African States (ECOWAS).
As the federal military regime was completely embarrassed by the global demand for our release, the security forces granted us bail pending the conclusion of investigation.”
“Our lawyer, Chief Gani Fawehinmi, stood surety for us and we were released to him. Even though we were detained for a week, we were not charged for the alleged offence of illegal travelling out of Nigeria,” he explained.
Falana drew the attention of the Senate and the security forces to the case of the “Speaker, Bauchi State House of Assembly v Honourable Rifkatu Danna (2017) 49 WRN 82”.
He said the respondent was the only woman in the House of Assembly of 31 members.
Falana said, “She was suspended indefinitely for criticising the relocation of the Tafawa Balewa Local Government Area. As far as the House members were concerned, her speech was considered ‘derogatory’.
“In setting aside her indefinite suspension from the House, the Bauchi Chief Judge held that her suspension beyond 14 days was illegal and uncomfortable. But the Court of Appeal declared that the House lacks the vires to subject her to any form of suspension from the House as it was a denial of the rights of the people of her Bogoro Constituency to be represented in the government.
“In the leading judgment of the Court of Appeal, Tur JCA held inter alia that the acts of the Appellants violated articles 8 and 9 of the African Charter on Human and Peoples Rights Act which guarantee the respondent’s fundamental rights to freedom of conscience, the right to receive and disseminate information and to express opinions within the ambit of the law….Not even the military would have behaved in this dastardly manner.
“This is a flagrant abuse of the constitutional powers vested in the Speaker and members of the Bauchi State House of Assembly which no right- thinking member of the society ought to tolerate.”
Falana said, “Finally, it is public knowledge that the Senate President, Senator Godswill Akpabio had accused Senator Natasha Akpoti-Uduaghan of embarrassing the government and people of the Federal Republic of Nigeria by reporting her suspension by the Senate to the Inter Parliamentary Union.
“Contrary to the jaundiced views of the Senate leader, it is the official probe of the circumstances of her trip by security forces that will expose Nigeria to needless embarrassment and undeserved ridicule
“Therefore, the SSS and NIA may study the report of the investigation of our illegal travelling by the Sani Abacha military junta before embarking on the futile attempt to probe Senator Natasha Akpoti-Uduaghan for having the temerity to externalise the ‘internal affair of the Senate.’”
In fact, the probe will particularly embarrass some top officials of the Bola Tinubu administration who were once accused of travelling out of Nigeria to embarrass the defunct military junta,” Falana added.
