Breaking: Hearing On Benue Public-Order Law Challenge Set For July 8, 2024 (Details)

Breaking: Hearing On Benue Public-Order Law Challenge Set For July 8, 2024 (Details)

A Makurdi High Court, led by Justice Theresa Igoche, has scheduled the hearing for July 8, 2024, in a case challenging the Benue Public Order Law. The suit is filed by Mr. Bemgba Iortyom, Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and civil rights activist Mr. Adebayo Ogorry.

Last month, Governor Hyacinth Alia issued an Executive Order under Section 14(2) of the 1999 Constitution and Section 10 of the Public Order Act (CAP 382) laws of Nigeria 2004. Effective retroactively from February 28, 2024, the order restricts gatherings beyond 10 pm without clearance from the Public Order Committee and 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, infringing on rights to lawful assembly, movement, and other fundamental freedoms.

Mr. Iortyom criticized the Public Order Law for criminalizing lawful gatherings and legitimate business activities beyond 10 pm. He alleged selective application targeting certain societal groups, describing it as a tool for political persecution and suppression.

He 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 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.

“We are seeking the intervention of the Honourable Court to declare as null and void the Executive Order which contents 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 lawmaking powers not donated to the Governor by the constitution of Nigeria.”