Court Strikes Out Governor Alia’s Executive Order on Public Gatherings, Upholds Citizens’ Rights to Public Assembly
A Benue State High Court sitting in Makurdi has struck down the executive order issued by Governor Hyacinth Alia restricting public gatherings across the state.
On 27 February 2024, Governor Alia signed an executive order banning public gatherings and events — including wakes, ceremonies, and religious activities — beyond 10pm.
The order was challenged by Bemgba Iortyom, former PDP Publicity Secretary, and human rights activist Adebayo Ogorry.
Delivering judgment, Justice Theresa Igoche held that the order had no lawful foundation and was therefore null and void.
The Court noted that the governor relied on the Executive Order Act, which had already been nullified by the Supreme Court, rendering his directive unconstitutional.
A perpetual injunction was issued restraining the governor, his agents, and privies from enforcing the order.
Justice Igoche described the order as illegal, unreasonable, ultra vires, and in breach of the 1999 Constitution (as amended).
The plaintiffs contended that the order violated fundamental rights under Sections 40, 41, and 45(1) of the Constitution, as well as Article 11 of the African Charter on Human and Peoples’ Rights.
They argued that the governor attempted to exercise law‑making powers not conferred on him by the Constitution.
They specifically challenged the requirement that organisers of rallies, wakes, and other gatherings must obtain permits from the Department of Public Order, insisting it was unconstitutional.
They also challenged the validity of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, which the governor relied upon, arguing that it contravened constitutional provisions and the African Charter.
The Court granted all reliefs sought by the plaintiffs.
The judgment reaffirmed that neither the governor nor his agents had lawful authority to issue permits or impose restrictions on public gatherings.
The plaintiffs hailed the decision as a victory for the rule of law and constitutional democracy, stressing that it renewed hope for the protection of fundamental rights.
