Court adjourns suit challenging Benue gov’s executive order till September 26

Benue State High Court in Makurdi, the state capital, on Monday fixed September 26, 2024, to hear the suit challenging the governor’s executive order.

The state Publicity Secretary of the Peoples Democratic Party,  Mr Bemgba Iortyom, and human rights activist, Mr Adebayo Ogorry, had dragged the state government, the state governor and the Attorney General and Commissioner of Justice and Public Order, to court.

The plaintiffs argued that the public order signed by the governor severely infringes on the fundamental rights of citizens and represents a “reign of dictatorship” that must be stopped.

Recall that Alia had on February 27, 2024, signed the Executive Order banning public gatherings and holding all forms of events, including wakes, ceremonies and religious occasions beyond 10 pm, as well as prohibiting several other activities.

When the matter came up on Monday, Terna Agerzua who held the brief of Mohammed Ndarani, SAN, as counsel for the governor and the state government, drew the attention of the court to his motion for an extension of time to file his memorandum of appearance and defence to the suit.

Also, Jones Okwe who appeared for the Attorney General and Commissioner of Justice and Public Order, moved his application for an extension of time to regularise his processes.

The presiding judge, Justice Theresa Igoche, granted both applications.

Joseph Ogizi, who held the brief of Abdul Mohammed, SAN, for plaintiffs informed the court that the matter was fixed for hearing on Monday.

He however said that the defendants in the suit served on him processes on Sunday and shortly before sitting.

He asked the court for a short adjournment to enable him to file his response to the processes served on him.

After listening to the submission of Ogizi, Justice Igoche adjourned the matter till September 26, 2024, for a definite hearing.

The plaintiffs are seeking among others, 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.

“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.

“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.”