A Benue State High Court in Makurdi has restrained the state government from enforcing an executive order issued by Governor Hyacinth Alia, ruling that the directive unlawfully curtailed citizens’ constitutional rights.
In a judgment delivered on Friday, Justice Theresa Igoche voided the executive order signed on February 28, 2024, which imposed permit requirements for rallies, wakes and other public gatherings, and restricted such events beyond 10pm.
The court held that the order lacked legal foundation and amounted to an unconstitutional exercise of legislative powers by the executive arm of government.
Justice Igoche also dismissed preliminary objections filed by the Benue State Government and the Attorney-General of the state, describing them as technical, meritless and inconsistent with the courts’ duty to dispense substantial justice.
The suit was filed by Chief Bemgba Iortyom, a former State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Adebayo Ogorry of the Centre for Social Justice, Equity and Transparency (CESJET), who challenged the legality of the governor’s directive.
In its ruling, the court noted that the Public Order Act relied upon by the state government had already been set aside by the Supreme Court, rendering the executive order legally untenable.
The judge consequently granted all the reliefs sought by the plaintiffs, issuing a perpetual injunction restraining the Benue State Government, its agents and officials from enforcing the executive order.
The court further declared the order null and void for being ultra vires and in breach of Sections 40, 41 and 45 of the 1999 Constitution (as amended), as well as relevant provisions of the African Charter on Human and Peoples’ Rights.
The executive order had, prior to the suit, been enforced by security agencies and state officials, leading to reported disruptions of public meetings, religious gatherings and business activities across parts of the state.
The judgment is expected to have far-reaching implications for the regulation of public gatherings in Benue State, reinforcing constitutional safeguards on freedom of assembly and association.
