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A Makurdi High Court, under the auspices of Justice Theresa Igoche, has scheduled the commencement of the hearing for July 8, 2024, in a suit challenging the Benue Public Order Law.
The case is being brought forward by Mr. Bemgba Iortyom, the Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Civil Rights Activist Mr. Adebayo Ogorry.
Recall that Governor Hyacinth Alia, last month issued an Executive Order citing 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.
The order, retroactively effective from February 28, 2024, restricts gatherings beyond 10 pm without prior clearance from the Public Order Committee. Additionally, it prohibits extortion of land developers, unauthorized construction on water channels, roadside hawking, and farming on unfenced or public lands in urban areas.
The plaintiffs, represented by Senior Advocates Abdul Mohammed, Sanusi Musa, and Michael Numa, argue that the Public Order contravenes Sections 40, 41, and 45(1) of the 1999 Constitution (as amended), among other legal provisions.
They contend that the order infringes on the rights to lawful assembly, movement, and other fundamental freedoms.
Speaking to the press after the court session on Monday, Mr. Iortyom criticized the Public Order Law for criminalizing lawful gatherings and legitimate business activities beyond 10 pm.
He alleged that the law has been applied selectively, targeting certain societal groups, and described it as a tool for political persecution and suppression.
Iortyom further stated, “The provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, upon which the Executive Order made by Governor Alia was purportedly premised, is in itself illegal and unconstitutional as it 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 (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.
“We are seeking the intervention of the Honourable Court to declare as null and void the Executive Order which content are both a violation of the fundamental human rights of Nigerian citizens in Benue State, and they constitute an abuse of power and an attempt to exercise law making powers not donated to the Governor by the constitution of Nigeria.”
