Two human rights activists, Bemgba Iortyom and Adebayo Ogorry have dragged Governor Hyacinth Alia of Benue to court, challenging the recent public order law enacted by his administration.
The activists are claiming that the law is “vague, oppressive”, and targets vulnerable groups and perceived political enemies.
The plaintiffs submitted to the court that the law is a gross violation of fundamental rights and amounts to a “reign of dictatorship” that must be halted.
“We have brought an action before the High Court of Benue Holden at Makurdi, in which the Government of Benue State, The Executive Governor of Benue State and the Honourable Attorney General and Commissioner of Justice and Public Order in Benue State are all Defendants, and we are seeking the intervention of the Honourable Court to declare as null and void the Executive Order proclaimed by Governor Alia recently which content are both a violation of the fundamental human rights of Nigerian citizens in Benue State, as well as they constitute abuse of power and are an attempt to exercise lawmaking powers not donated to the governor by the constitution of Nigeria,” the activists said at a press conference.
By the suit, the activists urged the court to set aside the law and declare it null and void.
Specifically, the activists demanded “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.
“A declaration 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, Cap. 10, Laws of the Federation of Nigeria, 1990.
“A declaration that the Defendants are not competent 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 in the night.”
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