A Benue State High Court sitting in Makurdi has struck down an executive order issued by Governor Hyacinth Alia, declaring it unconstitutional and without legal basis.
In a ruling hailed by civil society as a victory for fundamental rights and the rule of law.
In her judgment, Justice Theresa Igoche set aside the executive order signed by Governor Hyacinth Alia on February 28, 2024. The court held that the directive lacked constitutional backing and was therefore invalid.
The executive order had required individuals and groups intending to hold rallies, wakes, religious services and other public gatherings beyond 10 p.m. to obtain permits from the Department of Public Order at the Benue State Ministry of
The legal challenge was brought by Chief Bemgba Iortyom, a former State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue, and Adebayo Ogorry, Executive Director of the Centre for Social Justice, Equity and Transparency (CESJET).
They argued that the order violated citizens’ constitutional rights.
In a suit filed in June 2024, the plaintiffs contended that the executive order unlawfully restricted freedoms of association, movement and peaceful assembly guaranteed under Sections 40, 41 and 45(1) of the 1999 Constitution (as amended) and protections in the African Charter on Human and Peoples’ Rights.
They also argued that the governor lacked power to impose such restrictions and that the underlying Public Order Act he relied upon had been nullified by the Supreme Court, leaving the directive without legal foundation.
Justice Igoche dismissed preliminary objections filed by the Benue State Government and the Attorney-General, calling them baseless and rooted in procedural technicalities, before ruling that the order was illegal, unreasonable and ultra vires, meaning beyond the authority of the governor to enact.
The court consequently granted all the reliefs sought by the plaintiffs, including a perpetual injunction restraining the state government, its agents and privies from enforcing or giving effect to the executive order.
Reacting to the ruling, the plaintiffs described the verdict as a triumph for constitutional democracy and a reaffirmation of the judiciary’s role in protecting citizens’ rights against executive overreach.
The judgment is expected to have wider implications for governance in Benue State, particularly in safeguarding the freedoms of residents to assemble and engage in civic activities without undue restrictions.
