Court stops Gov Alia from enforcing executive order on public gatherings

A Benue State High Court sitting in Makurdi has nullified an executive order issued by Governor Hyacinth Alia, declaring it unconstitutional, illegal and an abuse of executive powers.

Justice Theresa Igoche delivered the judgment while upholding a suit filed by Chief Bemgba Iortyom, a former State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Adebayo Ogorry of the Centre for Social Justice, Equity and Transparency (CESJET), against the Benue State Government and others.

The court set aside the executive order signed by Governor Alia on February 28, 2024, which mandated citizens to obtain permits from the Department of Public Order before holding rallies, wakes and other public gatherings, and restricted such activities beyond 10pm.

Justice Igoche dismissed all preliminary objections raised by the state government and the Attorney-General, describing them as lacking merit and rooted in technicalities inconsistent with the pursuit of substantial justice.

In her substantive ruling, the judge held that the Public Order Act, upon which the executive order was based, had already been nullified by the Supreme Court, rendering the governor’s directive without legal foundation.

The court granted all reliefs sought by the plaintiffs and issued a perpetual injunction restraining the state government, its agents or privies from enforcing the executive order.

Justice Igoche further declared the order null and void for being ultra vires, unreasonable and in direct violation of the 1999 Constitution (as amended).

The plaintiffs had approached the court in June 2024, arguing that the order infringed on citizens’ fundamental rights to freedom of movement, association and assembly, and had been used to justify arbitrary business closures, arrests and the disruption of public and religious gatherings.

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