Human Rights Advocates Sue Benue Governor: Activists Claim Public Order Law Violates Constitution, Triggering Legal Dispute

A coalition of human rights advocates has initiated legal action against Governor Hyacinth Alia of Benue State, contesting a recent enactment of a public order statute by his administration.
The petitioners, Bemgba Iortyom and Adebayo Ogorry assert that the statute gravely violates basic rights and embodies a form of “dictatorial rule” that must be halted. The contentious statute, which imposes constraints such as a curfew on public gatherings after 10 pm and a ban on street vending, has garnered widespread censure for allegedly stifling freedom of expression and criminalizing regular citizens.
The advocates argue that the statute is ambiguous, oppressive, and discriminates against marginalized communities and perceived political opponents.”We firmly believe that our legal action is imperative to safeguard the state from the peril of Executive overreach and authoritarianism epitomized by Governor Alia’s actions, which, if left unchecked, will erode the foundational principles and ideals of constitutional democracy on which we aspire a fair, resilient, and prosperous Benue State will be established,” the advocates expressed during a press briefing. The activists implored the court to invalidate the statute enacted by the governor.

Furthermore, they beseeched the court to provide the following remedies: “A declaration that the stipulation 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 unlawful 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, on which the Executive Order issued by Governor Hyacinth Alia and dated 27th February 2024 was purportedly based, are themselves illegal and unconstitutional as they contravene 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 authorized under the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, or under any legislation enacted by the National Assembly or the Benue State House of Assembly to issue any permit for the conduct of rallies, wakes, or any similar public gatherings beyond the hour of 10 PM.”