A Benue State High Court, sitting in Makurdi and presided over by Justice Theresa Igoche on Monday fixed 8th July 2024 for hearing on the motion on notice on the executive order by the State Governor, Rev Fr Hyacinth Alia.
The case which was instituted by two human rights activists, Bemgba Iortyom and Adebayo Ogorry, had sought to declare as null and void the Public Order Act, Cap. 382, Laws of the Federal Republic of Nigeria, 2024.
Case MHC/234/2024 which was filed at the Makurdi High Court 2, has the State Governor, Rev Fr Hyacinth Alia and the State Attorney General and Commissioner of Justice and Public Order, Barr Fidelis Mnyim, as defendants.
Appearing for the plaintiffs were a team of lawyers led by Abdul Mohammed, SAN; Sanusi Musa, SAN and Michael Jonathan Numa, SAN.
Governor Alia had on February 27 signed an executive order banning public gatherings beyond 10 pm, prohibiting hawking and among others.
Speaking to journalists after the Court session on Monday, Iortyom said that he and his counterpart decided to seek the intervention of the Court over the executive order which he described as “a weapon to witch-hunt and gag opponents of the Alia administration.”
Iortyom observed that “the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, upon which the Executive Order made by Governor Hyacinth Alia and signed on 27th February 2024 was purportedly premised, is in itself illegal and unconstitutional as it contravenes sections 40, 41, 45(1) of the 1999 Constitution (as Amended) and Article 7 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.
“We have brought an action before the High Court of Benue State Holden at Makurdi, in which the Government of Benue State, The Executive Governor of Benue State and the Honourable Attorney General and Commissioner of Justice and Public Order in Benue State are all Defendants.
“And we are seeking the intervention of the Honourable Court to declare as null and void the Executive Order proclaimed by Governor Alia recently which content are both a violation of the fundamental human rights of Nigerian citizens in Benue State, as well as they constitute abuse of power and are an attempt to exercise law-making powers not donated to the governor by the constitution of Nigeria.
“We are convinced that our action is taken as a duty to save the state from the threat of Executive recklessness and authoritarianism manifest in Governor Alia’s action, which if not nipped in the bud will undermine the cherished foundations and values of constitutional democracy upon which it is our hopes a just, strong and prosperous Benue State will be built.
“The Governor himself has embarked on a thank you tour across the state, he has gone to almost every local government) in the state and in many of instances he has been there later than 10pm.
“He has not in anywhere shown that himself obtained a permit. Perhaps, he is the law himself and so he doesn’t need a permit and also functionaries of his Government are carrying out their activities.
The human rights activists are seeking, among others, the declaration that the requirement of “First seeking and obtaining a permit from the Department of Public Order at the Ministry of Justice and Public Order, Benue State, for the holding of rallies, wakes and other forms of public gatherings are illegal and unconstitutional.
They argued that the public order “violates sections 40, 41, 45(1) of the 1999 Constitution and Article 11 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.
The declaration of the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, upon which the Executive Order made by Governor Hyacinth Alia and signed on 27th February 2024 was illegal and unconstitutional.
The plaintiffs further sought the declaration that the defendants are not competent under the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, or under any law made by the National Assembly or the Benue State House of Assembly whatsoever to issue any permit for the holding of rallies, wakes or any such public gatherings after the hour of 10 pm.
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