Benue High Court quashes Gov Alia’s Executive Order on public gathering

By Peter Duru, Makurdi

A Benue State High Court sitting in Makurdi has struck down the Executive Order issued by Governor Hyacinth Alia in February 2024, declaring it unconstitutional and a violation of the fundamental rights of citizens in the state.

The said Executive Order stipulated among others that for individuals or groups intending to hold rallies, wakes and other forms of public gatherings beyond 10pm they must first seek and obtain a permit from the Department of Public Order at the Benue state Ministry of Justice and Public Order.

The judgement was delivered by Justice Theresa Igoche in Suit No: MHC/234/2024, instituted by the plaintiffs, Chief Bemgba Iortyom, immediate past State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Amb. 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 to challenge the legality of the Executive Order proclaimed by Governor Alia, arguing that it imposed unlawful restrictions on rallies, wakes and other public gatherings across the state.

According to the plaintiffs, the Executive 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 freedoms of association, movement and peaceful assembly.

The plaintiffs further alleged that before the lawsuit was filed, the Executive Order had already been deployed to arbitrarily close business premises, arrest citizens on alleged trumped-up charges, and disrupt public gatherings, including religious worship services.

They maintained that those affected were mostly individuals and groups perceived to be critical of or opposed to the state government, a situation they said heightened concerns about abuse of executive power.

In her ruling, Justice Theresa Igoche dismissed the preliminary objections filed by the Benue State Government and the Attorney-General of the state, describing them as baseless and founded on mere procedural technicalities.

The court held that the Public Order Act upon which the Executive Order was premised had earlier been set aside by the Supreme Court, rendering the Executive Order legally unsustainable and without lawful justification.

Justice Igoche consequently granted all the reliefs sought by the plaintiffs, issuing 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 judgement, 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 added that the action was taken in the interest of protecting constitutional democracy in Benue State.

They hailed the ruling as a victory for the rule of law, stating that it reaffirmed the power of the judiciary to protect citizens’ rights and strengthened public confidence in constitutional democracy.

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