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Benue governor dragged to court over public order act

A group of human rights activists has filed a lawsuit against Benue State Governor Hyacinth Alia, challenging a new public order law introduced by his administration.
Benue State governor, Hyacinth Alia [BSG]
Benue State governor, Hyacinth Alia [BSG]

A group of human rights activists has filed a lawsuit against Benue State Governor Hyacinth Alia, challenging a new public order law introduced by his administration.

The plaintiffs, Bemgba Iortyom and Adebayo Ogorry argue that the law severely infringes on fundamental rights and represents a "reign of dictatorship" that needs to be stopped.

The controversial law, which includes restrictions such as a ban on public events after 10 pm and a prohibition on hawking, has faced widespread criticism for allegedly suppressing free speech and criminalising ordinary citizens.

The activists contend that the law is vague, oppressive, and unfairly targets vulnerable groups and perceived political adversaries.

"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 said at a press conference.

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

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