ENUGU, Nigeria (VOICE OF NAIJA)- A Benue State High Court sitting in Makurdi has nullified the Executive Order issued by Governor Hyacinth Alia in February 2024 regulating public gatherings, declaring it unconstitutional and a violation of citizens’ fundamental rights.
The court held that the order, which required individuals or groups intending to hold rallies, wakes and other public gatherings beyond 10pm to obtain permits from the Department of Public Order in the state Ministry of Justice, lacked legal backing.
Justice Theresa Igoche delivered the judgment in Suit No: MHC/234/2024, instituted by Chief Bemgba Iortyom, former Benue State Publicity Secretary of the Peoples Democratic Party (PDP), and Ambassador Adebayo Ogorry, Executive Director of the Centre for Social Justice, Equity and Transparency (CESJET), against the Benue State Government and other defendants.
The plaintiffs had approached the court in June 2024, challenging the legality of the Executive Order, which they argued imposed unlawful restrictions on rallies, wakes and other forms of public assembly across the state.
They contended that the order violated Sections 40, 41 and 45(1) of the 1999 Constitution (as amended), as well as provisions of the African Charter on Human and Peoples’ Rights, which guarantee freedom of association, movement and peaceful assembly.
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According to the plaintiffs, the Executive Order had allegedly been used to arbitrarily close business premises, arrest citizens on trumped-up charges and disrupt public gatherings, including religious worship, even before the suit was filed.
They further alleged that those affected were largely individuals and groups perceived to be critical of the state government, raising fears of abuse of executive power.
In her ruling, Justice Igoche dismissed the preliminary objections filed by the Benue State Government and the Attorney-General of the state, describing them as baseless and rooted in mere technicalities.
The judge held that the Public Order Act, upon which the Executive Order was anchored, had earlier been set aside by the Supreme Court, rendering the order legally unsustainable.
Consequently, the court granted all the reliefs sought by the plaintiffs and issued a perpetual injunction restraining the Benue State Government, its agents and privies from enforcing the Executive Order signed on February 28, 2024.
Reacting to the judgment, the plaintiffs said the suit was filed to halt what they described as “executive recklessness capable of sliding the state into dictatorship if left unchecked.”
They hailed the ruling as a victory for the rule of law, noting that it reaffirmed the judiciary’s role in protecting citizens’ rights and strengthening constitutional democracy in Benue State.