Activists Sue Benue Govt Over Public Order Act

A group of human rights activists has approached the High Court in Makurdi, Benue State, to challenge the recent public order law the state government enacted.

The plaintiffs, Bemgba Iortyom and Adebayo Ogorry argue that the Public Order Act is a gross violation of fundamental rights and amounts to a “reign of dictatorship” that must be halted.

The controversial law, which includes provisions such as a ban on public events after 10 pm and prohibition of hawking, has been widely criticised as an attempt to stifle free speech and criminalise ordinary citizens.

The activists claim that the law is vague, oppressive, and targets vulnerable groups and perceived political enemies.

“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 court to declare as null and void the executive order proclaimed by Governor Alia recently which content is 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 law-making powers not donated to the governor by the constitution of Nigeria,” the activists said at a press conference.

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“We are convinced that our action is taken as a duty to save the state from the threat of executive recklessness and authoritarianism manifest in Governor Alia’s action, which, if not nipped in the bud, will undermine the cherished foundations and values of constitutional democracy upon which it is our hopes a just, strong and prosperous Benue State will be built.”

The activists urged the court to set aside the law by the governor as null and void. They also called on the court to grant the following reliefs:

“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 holding of rallies, wakes or any such public gatherings after the hour of 10 PM.

“A declaration that the Executive Order so made by Governor Alia criminalising and punishing ‘Acts of Disrespect to Elder(s), Disrespect for those in Authority and Institutions of Authority’ when the said conducts have not been sanctioned expressly in any written law made by either the National Assembly or the Benue State House of Assembly, is illegal and unconstitutional with regards to the straightforward, lucid and unambiguous provisions of Section 36(12) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended) 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 said Executive Order made by Governor Hyacinth Alia cannot legitimise and give an executive stamp to accommodating minors at hotels and brothels with the consent of their parents and guardians in express violation of the Child Rights of Benue State assented to on the 18th November 2008.

“A declaration that the said Executive Order made by Governor Alia, which established ‘The Public Order Tribunal’ in different parts of Benue State, is illegal, null and void owing to the brazen breach of the provisions of Section 6(4) of the 1999 Constitution (as Amended).

“An Order of The Honorable Court setting aside as null and void the Executive Order made by Governor Hyacinth Alia and signed on 27th February 2024 as same is illegal, unreasonable and ultra vires the powers of the Defendants and in direct breach of the clear provisions of the Constitution of the Federal Republic of Nigeria 1999 (as Amended).”