A Benue State High Court sitting in Makurdi has set aside an executive order issued by Governor Hyacinth Alia restricting public gatherings across the state.
The executive order, signed by the governor in February 2024, imposed restrictions on public events, banning gatherings such as wakes, ceremonies and religious activities beyond 10pm, alongside other limitations.
The order was challenged by a former Publicity Secretary of the Peoples Democratic Party, Bemgba Iortyom, and a human rights activist, Adebayo Ogorry, who approached the court seeking its nullification.
Delivering judgment last Friday, Justice Theresa Igoche held that the executive order had no lawful foundation and accordingly quashed it in its entirety.
According to a statement issued by the plaintiffs on Monday, the court found that the Executive Order Act relied upon by the governor had earlier been nullified by the Supreme Court, rendering the order “without lawful basis or justification whatsoever.”
The court granted all the reliefs sought by the plaintiffs and issued a perpetual injunction restraining Governor Alia, his agents and privies from enforcing or giving effect to the executive order.
Justice Igoche further declared the order, signed on February 28, 2024, null and void, describing it as illegal, unreasonable, ultra vires the powers of the governor, and inconsistent with the provisions of the 1999 Constitution (as amended).
Reacting to the judgment, the plaintiffs described the ruling as a victory for the rule of law and constitutional democracy, saying it reaffirmed that citizens could defend their fundamental rights through the courts.
The suit, filed in June 2024, challenged the legality of the executive order, arguing that it violated the fundamental rights of residents of Benue State and amounted to an abuse of executive authority.
The plaintiffs contended that the order represented an attempt by the governor to exercise law-making powers not granted to him under the Constitution.
Among other reliefs, they sought a declaration that the requirement for organisers of rallies, wakes and other public gatherings to obtain permits from the Department of Public Order at the Ministry of Justice and Public Order, Benue State, was unconstitutional.
They argued that the requirement violated Sections 40, 41 and 45(1) of the 1999 Constitution, as well as Article 11 of the African Charter on Human and Peoples’ Rights.
The plaintiffs also challenged the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, upon which the executive order was based, contending that it was inconsistent with constitutional provisions and the African Charter.
They further maintained that neither the governor nor any of the defendants had the legal authority under the Act or any other law to issue permits or impose restrictions on public gatherings, including events held after 10pm.
