The Benue State High Court in Makurdi, on Monday, fixed September 26, 2024, to hear a suit challenging an executive order issued in February by Governor Hyacinth Alia.

The executive order banned public gatherings and social events beyond 10 pm.

But the Publicity Secretary of the Benue Peoples Democratic Party, Mr Bemgba Iortyom, and a human rights activist, Mr Adebayo Ogorry, filed a suit to challenge the executive order.

Listed as defendants are the Benue State Government, Governor Alia and the state Attorney General.

The plaintiffs argued that the public order signed by the governor infringed on the fundamental rights of citizens and represented a “reign of dictatorship” that must be stopped.

When the matter came up on Monday, Terna Agerzua, who held the brief of Mohammed Ndarani (SAN) as counsel to the Benue State Governor and Benue State Government, drew the attention of the court to his motion for an extension of time to file his memorandum of appearance and defence to the suit for the defendants.

Also, Jones Okwe, who appeared for the Attorney General and Commissioner for Justice and Public Order, also moved his application for an extension of time to regularise his processes.

Justice Theresa Igoche granted both applications.

Joseph Ogizi, who held the brief of Abdul Mohammed (SAN) for plaintiffs, informed the court that the matter was fixed for hearing on Monday.

He, however, said that the defendants in the suit served on him processes on Sunday and, shortly before sitting, asked the court for a short adjournment to enable him to file his response to the processes served on him.

After listening to the submission of Ogizi, Justice Igoche adjourned the matter till September 26 for a definite hearing.

The plaintiffs are seeking, among others, 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.

“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 (Ratification and Enforcement) Act, Cap.10, Laws of the Federation of Nigeria, 1990.

“That the court declare the defendants incompetent 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 the holding of rallies, wakes or any such public gatherings after the hour of 10 pm, amongst other reliefs.”