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A Benue State High Court sitting in Makurdi has declared unconstitutional and nullified an executive order issued by Governor Hyacinth Alia that required citizens to obtain permits before organizing public gatherings, including rallies, wakes, and other events, while also imposing a 10pm curfew on such activities.
In a ruling delivered by Justice Theresa Igooche, the court set aside the order signed by the governor on February 28, 2024, describing it as ultra vires, unreasonable, illegal, and a direct violation of the 1999 Constitution of Nigeria (as amended). The judge dismissed all preliminary objections raised by the Benue State government and the Attorney-General, stating they lacked merit and were based on technicalities inconsistent with the pursuit of substantial justice.
The suit was filed in June 2024 by Chief Bemgba Iortyer 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). The plaintiffs argued that the executive order infringed on citizens’ fundamental rights to freedom of movement, association, and peaceful assembly as guaranteed under the Constitution. They further contended that the order had been used to justify arbitrary closures of businesses, arrests of individuals, and disruptions of public and religious gatherings.
Upholding the plaintiffs’ claims, Justice Igooche held that the executive order constituted an abuse of executive powers and could not stand in the face of constitutional provisions protecting civic liberties.
Reacting to the judgment, Chief Iortyer described the ruling as a major victory for constitutional democracy, the rule of law, and the restoration of public confidence in the judiciary. He emphasized that the decision reaffirmed the supremacy of the Constitution over arbitrary executive actions and protected citizens from undue restrictions on their rights.
The executive order had sparked widespread criticism since its issuance, with many viewing it as an overreach that curtailed legitimate social, political, and religious activities in the state. The court’s decision is expected to have significant implications for how public events are regulated in Benue going forward, potentially requiring any future restrictions to align strictly with constitutional standards and due process.
As of now, there has been no immediate official response from the Benue State Government or Governor Alia regarding the ruling or whether an appeal will be filed. The development continues to generate discussions across political and civil society circles in the state about the balance between public order and fundamental freedoms.
