A High Court in Makurdi, Benue State, on Monday, scheduled a hearing for September 26, 2024, concerning a legal challenge against an executive order issued by Governor Hyacinth Alia in February.
This executive order imposes a ban on public gatherings and social events beyond 10 pm.
The lawsuit was filed by Mr. Bemgba Iortyom, Publicity Secretary of the Benue Peoples Democratic Party, and Mr. Adebayo Ogorry, a human rights activist.
They argue that the executive order infringes on citizens’ fundamental rights and represents a form of dictatorship that must be halted.
The defendants in the case include the Benue State Government, Governor Alia, and the state Attorney General.
During Monday’s proceedings, Terna Agerzua, representing Mohammed Ndarani (SAN) as counsel for the Benue State Governor and Government, requested an extension of time to file a memorandum of appearance and defense for the defendants.
Similarly, Jones Okwe, representing the Attorney General and Commissioner for Justice and Public Order, sought an extension to regularize his processes.
Joseph Ogizi, standing in for Abdul Mohammed (SAN) for the plaintiffs, noted that the hearing was initially set for that day.
However, due to the defendants serving processes on him the previous day and just before the session, he requested a brief adjournment to file a response.
Justice Igoche, after hearing Ogizi’s submission, adjourned the case to September 26 for a definitive hearing.
The plaintiffs seek several declarations, including that the requirement to “first seek and obtain 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.”
They also argue 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.”
Finally, the plaintiffs request that the court declare “the defendants incompetent 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, amongst other reliefs.”
