Benue State govt sued over public order act

By Vivian Okejeme Abuja

Benue State Governor, Hyacinth Alia, has been dragged to the Benue State High Court, over the recent public order law enacted by his administration.
The plaintiffs, a group of human rights activists, Bemgba Iortyom and Adebayo Ogorry argue that the law is a gross violation of fundamental rights and amounts to a “reign of dictatorship” that must be halted.
The controversial law, which includes provisions such as a ban on public events after 10 pm and prohibition of hawking, has been widely criticized as an attempt to stifle free speech and criminalize ordinary citizens.
The activists claim that the law is vague, oppressive, and targets vulnerable groups and perceived political enemies.
“We have brought an action before the High Court of Benue 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,” the activists said at a press conference.
“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 Governors 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 activists urged the court to set aside the law by the governor as null and void. They also called on the court to grant the following reliefs:
“A 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 is illegal and unconstitutional as it 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.
“A declaration 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, Cap. 10, Laws of the Federation of Nigeria, 1990.
“A 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.