Your Orders are Unconstitutional: Court stops Gov Alia from enforcing executive order on public gatherings

A Benue State High Court sitting in Makurdi has nullified an executive order issued by Governor Hyacinth Alia, declaring it unconstitutional, illegal and an abuse of executive powers.

Justice Theresa Igoche, who delivered judgment, upheld the suit filed by Chief Bemgba Iortyom, a former State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Adebayo Ogorry of the Centre for Social Justice, Equity and Transparency (CESJET), against the Benue State government and others.

The court set aside the executive order signed by Governor Alia on February 28, 2024, which required citizens to obtain permits from the Department of Public Order before holding rallies, wakes and other public gatherings, and restricted such gatherings beyond 10pm.

Justice Igoche dismissed all preliminary objections raised by the Benue State government and the Attorney-General of the state, describing them as lacking merit and rooted in technicalities inconsistent with the pursuit of substantial justice.

In her substantive ruling, the judge held that the Public Order Act, upon which the executive order was predicated, had already been set aside by the Supreme Court, leaving the governor’s directive without any legal foundation.

The court granted all the reliefs sought by the plaintiffs and issued a perpetual injunction restraining the state government, its agents or privies from enforcing the executive order.

The judge further declared the order null and void for being ultra vires, unreasonable and in direct violation of the 1999 Constitution (as amended).

The plaintiffs had approached the court in June 2024, arguing that the executive order infringed on citizens’ fundamental rights to freedom of movement, association and assembly, and had been used to justify arbitrary closure of businesses, arrests, and disruption of public and religious gatherings.

Reacting to the judgment, Chief Iortyom described the ruling as a victory for constitutional democracy and the rule of law, saying it had restored public confidence in the judiciary as the last hope of the common citizen.

Ogorry also hailed the decision, noting that it reaffirmed the supremacy of the Constitution and sent a strong signal against executive overreach in Benue State.