Court bars Gov Alia from enforcing public gathering restrictions in Benue

A High Court in Makurdi, Benue State, has struck down an executive order issued by Governor Hyacinth Alia, ruling it unconstitutional, illegal, and an overreach of executive authority.

Justice Theresa Igoche delivered the judgment, siding with Chief Bemgba Iortyom, a former State Publicity Secretary of the Peoples Democratic Party (PDP), and Adebayo Ogorry of the Centre for Social Justice, Equity and Transparency (CESJET), who had challenged the state government and other respondents in court.

The court invalidated the executive order signed on February 28, 2024, which mandated that citizens obtain permits from the Department of Public Order to hold rallies, wakes, and other public events, while also restricting such gatherings beyond 10 p.m.

Justice Igoche dismissed all preliminary objections raised by the state government and the Attorney-General of Benue, describing them as baseless and overly technical, inconsistent with the pursuit of justice.

In her ruling, the judge noted that the Public Order Act, the legal basis for the governor’s directive, had already been annulled by the Supreme Court, rendering the executive order legally unsustainable.

The court granted all the remedies sought by the plaintiffs, including a perpetual injunction preventing the state government, its officials, or agents from enforcing the order.

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

The plaintiffs had filed the suit in June 2024, arguing that the executive order violated citizens’ constitutional rights to freedom of movement, association, and assembly, and had led to arbitrary business closures, arrests, and disruptions of public and religious gatherings.

Reacting to the ruling, Chief Iortyom described it as a triumph for constitutional democracy, saying it restored public trust in the judiciary as the ultimate protector of citizens’ rights.

Ogorry praised the decision, emphasizing that it reaffirmed the supremacy of the Constitution and sent a clear warning against executive overreach in Benue State.