A Benue State High Court sitting in Makurdi has nullified an executive order issued by Governor Hyacinth Alia that restricted public gatherings across the state, ruling that the directive lacked legal foundation and violated constitutional provisions, court records show.
Justice Theresa Igoche delivered the judgment in Suit No. MHC/234/2024, upholding a challenge filed by Chief Bemgba Iortyom, a former State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Adebayo Ogorry, Executive Director of the Centre for Social Justice, Equity and Transparency (CESJET).
The order, signed by Governor Alia on February 28, 2024, required 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 before holding events beyond 10 pm. It applied to rallies, social events and certain religious activities in the state.
The plaintiffs filed the suit in June 2024, arguing that the executive order contravened Sections 40, 41 and 45(1) of the 1999 Constitution (as amended), which guarantee the rights to freedom of movement, association and peaceful assembly. They also cited the African Charter on Human and Peoples’ Rights in their challenge.
In her ruling, Justice Igoche described the executive order as lacking lawful basis because the Public Order Act, the law the governor relied upon, had already been set aside by the Supreme Court, making the executive order legally unsustainable.
The judge held that the order was illegal, unreasonable and ultra vires the governor’s powers, and in breach of the Constitution’s provisions on fundamental rights. She dismissed preliminary objections by the Benue State Government and the Attorney-General, characterising them as unfounded.
The court granted all reliefs sought by the plaintiffs and issued a perpetual injunction restraining the Benue State Government, its agents and privies from enforcing or giving effect to the executive order.
The plaintiffs said the suit was filed to check what they described as an abuse of executive powers and to uphold constitutional democracy. They hailed the judgment as a victory for the rule of law, noting that it reaffirmed the judiciary’s role in protecting citizens’ rights.
A Benue State High Court has quashed Governor Hyacinth Alia’s executive order restricting public gatherings, ruling it unconstitutional and legally untenable.
The judgment restrains the state government and its agents from enforcing the order, reaffirming the protection of constitutional rights to freedom of movement, association and peaceful assembly.
