Governor Alia Signs Executive Order Banning Open Grazing, Defecation, Others In Benue

The Governor of Benue State, Hyacinth Alia, has signed an executive order banning open grazing, open defecation and urination, loitering, and driving against the normal flow of traffic, abandonment or parking of vehicles on traffic lanes or drive-ways, overspeeding and overloading of vehicles, and others offences in the state.

The executive order, Alia explained, was in according with section 14 (2) of the 1999 constitution of the Federal Republic of Nigeria, as amended, and section 10 of the Public Order Act (CAP 382) laws of the Federal Republic of Nigeria 2004.

A copy of the order with effect from the 28th day of February, 2024, obtained by Channels Television, also said loitering about at late hours from 12:00 midnight to 5:00 A.M unless for emergency or very important matters, cross-usage of public lavatories by men and women, indiscriminate dumping of waste or garbage on road-dividers, gutters and other unauthorised places, have henceforth become punishable offences in the state.

Other listed offences include; indiscriminate throwing of empty water sachets and polythene bags in the public, excavation of roads and causing of any form of obstruction on the road, farming on empty unfenced plots of land or in front of any premises, or on the street, or by the roadside within urban areas, farming on undeveloped areas of government offices or quarters or reserved areas/lands building across water channels or drainages, building structures, kiosks, shanties, and others on the right of way, and hawking or selling of goods of any kind by the roadside or on the road.

From the commencement of the order, rallies, wakes and other forms of public gatherings beyond the hours of 10:00 PM in the state without first seeking a permit from the Department of Public Order at the Ministry of Justice and Public Order, Benue State, have also been banned.

“All businesses in the cities, towns and villages in Benue State shall close by midnight and shall not operate beyond the said hours in the night except health workers, security operatives and other essential services.

“Provided that any person, organization, company or corporation that intends to carry on their business beyond midnight must first seek and obtain a permit from the Department of Public Order at the Ministry of Justice and Public Order, Benue State.

“No minor in any family within the state shall be sent on any errand or hawking of any goods or product during School hours or beyond the hour of 6:00 PM.

“All acts carried out or perpetrated in violation of public morality and public decency are hereby prohibited namely; strippers club or naked strip dancing. Any form of prostitution in public places or commercial sex hawking.

“Use of minors as bartenders or any form or class of work in a drinking joint.Indecent dressing or any form of nudity.

“No accommodating of minors at hotels or brothels except with the consent of their parents or guardians.

“Disrespect for elder(s).Disrespect for those in authority and institutions of authority.

“False information on social media (hate speech).Under this Order, any person desiring special consideration or waiver to be granted for whatever purpose shall apply to the Department of Public Order for a permit under such terms and conditions as the Department may grant.

“Any person who acts in contravention of any of the provisions of this Order shall be summarily tried and punished in line with the provisions of the extant laws operating in the State,” the statement said in part.

Hitherto, the order said any person found guilty of any of the offences, would either be punished in line with the provisions of the order, or pay a fine of not less than N20,000.00 and not more than N500,000.00, taking into cognisance the conduct of the offender and the act involved.

“Failure to pay the fine imposed upon conviction; If an item/property is involved, same shall be impounded until the fine is paid. Provided that upon failure to pay the fine within 30 days from the date of commission of the offence, the property shall be forfeited to the Benue State Government.

“If a person is involved, the person shall be sent to the custodial centre for a custodial term of not less than one (1) month and not more than twelve (12) months,” the order added.

The governor has also inaugurated a task force, tribunals, committees and other arbitration panels to enforce the public order.

The order added that any Magistrate or Area Court Judge or Public Order Tribunal Chaired by a Justice of Peace will have jurisdiction to try and convict the offenders.

“There is hereby established for the State a Public Order Advisory Committee, whose responsibility shall be to advise the Government on policies and programs for the restoration, attainment, preservation and maintenance of Public Order and safety in Benue State at all times. Other functions of the Advisory Committee shall be as contained in the guidelines for the Public Advisory Committee to be published in the official Gazette.

“A body to be known as Public Order Committee is hereby established in every Local Government Area of the State. Part of the functions of the Public Order Committees at the “Local Government levels Shall be to liaise, synergise and collaborate with the Public Order Advisory Committee, the Department of Public Order and other stakeholders in securing, preserving and maintaining Public Order in Benue State.

“There is hereby established for the State a body to be known as the Public Order Taskforce, which shall operate throughout the State inclusive of the Local Government Areas of the State.

“There shall be a Public Order Tribunal in different parts of the State to complement the work of the Committees, the Departments of Public Order and the Taskforce.

“The Taskforce shall be responsible for the preservation and enforcement of provisions on Public Order.”