The presiding judge, Justice Theresa Igoche, fixed the date for the hearing on Monday at the mention of the case.
Governor Alia had, on February 27th, 2024, signed the Executive Order banning public gatherings beyond 10 pm in the state
Also prohibited is hawking, farming on empty unfenced plots of land or in front of any premises on the street, or by the roadside within urban areas. Farming on undeveloped areas of Government offices or Quarters or reserved areas among others.
Two human rights activists, Mr Bemgba Iortyom and Adebayo Ogorry had dragged the Benue State Government, the Governor of Benue State and the Attorney General and Commissioner of Justice and Public Order, Benue State, to court seeking the court to declare the public order null and void.
They argued that the law severely infringed on fundamental rights and represented a “reign of dictatorship” that needed to be stopped.
The plaintiffs are, among others seeking, a declaration that the requirement of “First seeking and obtaining a permit from the Department of Public Order at the Ministry of Justice and Public Order, Benue State, for the holding of rallies, wakes and other forms of public gatherings is illegal and unconstitutional as it violates sections 40, 41, 45(1) of the 1999 Constitution and Article 11 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.
A declaration that the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, upon which the Executive Order made by Governor Hyacinth Alia and signed on 27th February 2024 was purportedly premised, is in itself illegal and unconstitutional as it contravenes sections 40, 41, 45(1) of the 1999 Constitution (as Amended) and Article 7 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.
A declaration that the Defendants are not competent under the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, or under any law made by the National Assembly or the Benue State House of Assembly whatsoever to issue any permit for the holding of rallies, wakes or any such public gatherings after the hour of 10 pm, amongst other reliefs.
Speaking to journalists after the court session, Iortyom observed that “the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, upon which the Executive Order made by Governor Alia and signed on 27th February 2024 was purportedly premised, is in itself illegal and unconstitutional as it contravenes sections 40, 41, 45(1) of the 1999 Constitution (as Amended) and Article 7 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.
“We have brought an action before the High Court of Benue State Holden at Makurdi, in which the Government of Benue State, The Executive Governor of Benue State and the Honourable Attorney General and Commissioner of Justice and Public Order in Benue State are all Defendants.
“And we are seeking the intervention of the Honourable Court to declare as null and void the Executive Order proclaimed by Governor Alia recently, which content is both a violation of the fundamental human rights of Nigerian citizens in Benue State, as well as they constitute abuse of power and are an attempt to exercise law-making powers not donated to the governor by the constitution of Nigeria.
“We are convinced that our action is taken as a duty to save the state from the threat of Executive recklessness and authoritarianism manifest in Governor Alia’s action, which, if not nipped in the bud, will undermine the cherished foundations and values of constitutional democracy upon which it is our hopes a just, strong and prosperous Benue State will be built.
“The Governor himself has embarked on a thank you tour across the state, he has gone to almost every local government in the state and in many instances, he has been there later than 10 pm.
“He has not in anywhere shown that himself obtained a permit. Perhaps, he is the law himself, and so he doesn’t need a permit and also, functionaries of his Government are carrying out their activities.”
